.:^ 


.13WV 


'^/^A, 


X 


MM\m/A 


'Jr 


<5: 


'^'iiiaOWSOV''^^        ^^/Sd3AINil3HV 


>i. 


'^<!/OJllV0JO'^ 


V' 


IIFOff,' 


aOillVj. 


o 


^'dOJITVDJQ 


^^OFCAilFOy?^       ^OFCA' 


30  -r 


"^^(^Aavijaii^-     ^" 


'"^o-mmw 


M^ 


>- 


1-1  u- 


vvlOSANCEl 
^     — 


— ;  c>r 


^ 


C-'r 


^m 


-  o 


o 


irr      <: 


'A1!Y^ 


^2? 


^ 

W^ 


.^lOSANCEl/ 


■ARY/?^,  AWtUNlVEF 


i;raryqa 


if 


o 


''^/Sda/\INil-3k\V^ 


m « • 


>-  \ 


UNIVERi"//, 


'Jr 


O 


^iij. 


^n 


V 


li 


''BRARY6i^ 


^^11IBRARY(9/ 


:x3        2 


'JIIVJJO'^ 


^(!/0JnV3JO>^ 


,A\^M'V!\ 


.x^lOS-A^'CflfrA 


CAIIFO/?^ 


nFfAIIFnP^ 


ivjiaii^^ 


UNIVER^/^        ^>;LOSANC[l% 


^      ^' 


r 


Ym-l^\^        '^^Al^AiNil  JW> ' 


«-3     1 


JI]V3-iO' 


I- 


]DNvsoi^^^      '%aMiNa-^v\v 


-s.-^ 


•^/, 


IIBRARYQ/:  ..ciiDDAnN... 


-J  IJJUI    JUI 


'J(JJ/MI1M  3J1 


CALIFO/?^^        ^OFCALIF^'^- 


5    S  -JJ  I  ^, 


r^        >-^ 


^ 


"\FUNIVER57^         «^>;10S  ANCElfj> 


O         u- 

?3      o  «c; 


<ril3DNVS01^         %ii3/\i.iii  ro- 


4^> 


vo 


■  (JNIVERS/^        ^lOSANCElfj> 


-^ILIBRARYOc.        ^^HIBRARYQ^;^ 


^^ 


SPANISH  INSTITUTIONS 


OF   THE 


SOUTHWEST 


By  frank  W.  BLACKMAR,  Pe.  D.  (Johns  Hopkins  University) 
Professor  of  History  and  Sociology  in  the  Kansas  State  University 


,   >      3^, 


baltimore 
The  Johns  Hopkins  Press 

1891 


-T-  O  «i'  ^  :£ 


Copyright,  1891,  by  The  Johns  Hopkins  Press. 


JOHN  MURPHY  &  CO.,  PRINTERS. 
BALTIMORE. 


PREFACE. 


The  present  work  was  suggested  to  the  writer  while  a  student 
at  the  Johns  Hopkins  University.  There  coming  in  contact  with 
the  large  amount  of  work  which  has  been  done  in  the  study  of  Teu- 
tonic institutions  as  represented  in  England,  Germany,  and 
America,  it  seemed  to  him  that  Spanish-American  institutions 
were  also  worthy  of  investigation  and  especially  interesting  in 
comparison  with  Anglo-American  institutions  as  developed  in  the 
colonies  of  the  Atlantic  coast.  A  former  residence  of  a  number 
of  years  in  California,  where  certain  forms  of  the  old  civilization 
still  remain,  served  to  heighten  the  writer's  interest  in  the  subject. 
Its  study  has  been  profitable  and  interesting  to  the  writer,  though 
carried  on  during  a  busy  university  life.  To  the  latter  fact  may 
be  attributed,  in  part,  many  of  the  imperfections  of  the  book,  which 
is  far  removed  from  the  author's  ideal.  However,  it  is  hoped  that 
this  volume  will  at  least  awaken  a  deeper  interest  in  a  long  neg- 
lected part  of  American  history. 

The  Southwest  is  a  comparatively  new  field  for  the  study  of  the 
history  of  institutions.  As  it  did  not  figure  in  our  early  colonial 
life  and  later  national  development,  it  cannot  claim  as  great 
importance  in  nation-building  as  other  parts  of  our  country.  Its 
contributions  to  our  national  life  have  necessarily  been  meagre ; 
for,  during  the  formative  period  of  our  nation  the  country  was 
long  under  the  rule  of  foreign  powers.  There  was  a  great  break 
in  the  continuity  of  its  colonial  life  owing  to  conquest  and  immi- 
gration. Therefore  but  few  institutions  were  transmitted  after 
contact  with  that  sturdy  race  which  carries  its  own  institutions 


vi  Preface, 

with  it  when  going  out  to  conquer.  But  the  growing  importance 
of  the  Southwest,  as  a  component  part  of  the  great  American  Com- 
monwealth, renders  its  early  history  very  important  and  interest- 
ing, not  only  to  those  who  live  in  that  section  but  also  to  students, 
scholars,  and  historians. 

This  volume  is  not  intended  to  be  a  history  of  the  Spanish  conquest 
of  America.  It  is  simply  a  study  in  Spanish- American  institutions. 
However,  in  the  process  of  representing  social  and  political  insti- 
tutions the  best  part  of  the  story  of  the  conquest  is  told ;  for,  indeed, 
the  description  of  the  social  and  political  institutions  of  a  country 
is  an  epitome  of  its  history.  As  the  study  of  institutions  treats  of 
the  forms  and  functions  of  government  and  of  the  customs  and  life 
of  organic  society,  expeditions,  wars,  intrigues,  and  the  deeds  of 
great  men  are  of  value  only  in  so  far  as  they  assist  to  abetter  under- 
standing of  institutions.  In  such  a  study  chronological  perspective 
should  be  used,  but  no  attempt  should  be  made  to  tell  stories  for 
their  own  sake  nor  fully  to  relate  historic  events.  In  the  present 
work  only  sufficient  descriptive  history  has  been  given  to  illustrate 
the  social  and  political  life  of  the  people  and  to  show  to  what 
extent  and  in  what  manner  the  laws  and  forms  of  government 
have  been  applied  in  practical  life.  On  this  account  many  of 
the  subjects  treated  appear  to  be  incomplete  and  fragmentary,  so 
far  as  full  descriptive  history  is  concerned,  but  they  serve  the  pur- 
pose intended  in  the  presentation  of  the  development  of  institu- 
tions. To  those  who  desire  the  whole  story  of  Spanish  conquest 
and  occupation  the  writer  would  recommend  the  great  work  of 
Hubert  Howe  Bancroft.  It  is  a  rich  mine  of  historical  wealth. 
The  writer  has  consulted,  cited,  and  quoted  it  frequently  in  this 
work  as  an  authority  on  difficult  points. 

The  objective  field  of  research  covers  the  period  from  the  con- 
quest and  settlement  of  New  Mexico  in  the  sixteenth  century  to 
1846,  the  date  of  the  American  conquest.  But  the  student  of  in- 
stitutions claims  all  times  for  his  own  and  uses  material  that  best 


Preface.  vii 

subserves  his  purpose.  The  times  of  Cortes  must  be  referred  to  in 
order  to  discover  what  institutions  of  old  Spain  were  transmitted 
to  the  colonies,  and  the  institutions  of  old  Spain  must  be  investi- 
gated to  understand  the  nature  of  those  transmitted.  Turning 
from  the  Teutonic  institutions,  which  have  been  studied  with  great 
care  by  scholars,  and  from  the  Germanic  political  atmosphere  with 
which  our  institutions  are  surrounded,  the  student  is  impressed 
with  the  striking  contrast  which  Spanish-American  institutions 
present.  The  key  to  that  difference  is  found  in  the  Roman 
influence  on  the  development  of  Spanish  institutions.  Therefore 
the  writer  makes  no  apology  for  showing  the  Roman  origin  of 
Spanish  institutions,  nor  for  presenting  the  nature  of  those  that 
were  transmitted  to  America ;  for  these  matters  are  of  vital  impor- 
tance. No  attempt  has  been  made  to  represent  modern  institu- 
tions in  the  Southwest  but  the  author  has  frequently  mentioned 
phases  of  government  and  events  occurring  after  the  establishment 
of  American  rule.  There  is  much  in  modern  life  relating  to  old 
Spanish  life  and  institutions  which  has  not  been  described. 

The  illustrations  have  been  chosen  with  a  view  of  showing  more 
clearly  the  nature  of  the  ancient  civilization  described  in  the  text 
and  to  preserve  representations  of  ruins  which  cannot  retain  their 
forms  much  longer  in  the  presence  of  the  rapid  changes  going  on 
in  the  country. 

Frank  W.  Blackmar. 

University  of  Kansas, 
June  3,  1891. 


CONTENTS. 


Pagk. 
Chapter  I.     Introduction: 

Interest  in  the  study  of  social  and  political  institutions 1 

The  character  of  Spanish  institutions  in  America 1 

The  power  of  Spain  in  America 2 

Teutonic  origin  of  American  institutions 3 

The  influence  of  Roman  civilization  in  America 4 

The  study  of  Spanish  institutions  is  worthy  the  attention  of  the 

scholar » 4 

The  contact  of  Roman  and  Teuton  in  American  settlements 5 

Their  points  of  contact  in  the  United  States 6 

The  Spanish  occupation  of  Florida 6 

The  Spanish  occupation  of  Louisiana 7 

Spanish  colonization  in  Texas 7 

Relics  of  Old  Spain  in  New  Mexico 7 

Spanish  exploration  in  Arizona 8 

Remains  of  Spanish  institutions  in  California 9 

Spanish  and  English  colonies  compared 10 

Decline  of  Spanish  and  rise  of  English  power 11 

Reference  to  Roman  civilization 13 

Chapter  II.    The  Roman  Origin  op  Spanish  Institutions  : 

The  diversity  of  races  and  languages  in  Spain 14 

Continuity  of  Roman  institutions 15 

Roman  civilization  extended  to  Spain 15 

Roman  colonization  of  Spain 1" 

Objects  of  Roman  colonization 1° 

The  first  Roman  provincial  colonies 17 

Extensive  colonization  by  Caesar  and  Augustus 18 

Method  of  extending  Roman  institutions 19 

The  appointment  of  land  to  colonists 20 

The  establishment  of  Roman  garrisons 20 

The  provincial  system  of  administration 22 

Romanization  through  trade  and  immigration 23 

ix 


X  Contents. 

FAGB. 

The  influence  of  the  Christian  religion 24 

Number  and  variety  of  Spanish  codes  of  law 25 

The  Breviarium  and  the  Forum  Judicum 25 

Union  of  the  Gothic  and  the  Koman  codes 26 

Final  predomination  of  the  Roman  system 27 

27 
Nature  of  fueros 

The  rise  of  the  hereditary  monarchy 28 

The  Siete  Partidas,  and  Spanish  jurisprudence 28 

Extension  and  continuity  of  the  Roman  municipal  system 29 

Polity  of  a  municipality ...' ••••  ^" 

Municipalities  continue  in  power  alter  the  decline  of  the  empire  30 

Rise  of  modern  Spanish  municipalities 30 

Royalty  strengthened  by  grants  to  free  municipalities 31 

Popular  representation  in  Spain 32 

Roman  imperialism  finally  triumphant 33 

Spanish  institutions  extended  to  the  New  World (^ 

Chaptek  III.    The  Condition  op  Spain  duking  the  Conquest 
AND  Settlement  op  America: 

Rise  of  feudal  monarchy  in  Spain 36 

Tendency  towards  national  unity 36 

Policy  of  Ferdinand  and  Isabella 37 

Union  of  church  and  state  in  politics  and  war 38 

Increased  power  of  the  church  and  the  nobles 38 

Policy  of  Charles  V 39 

Suppression  of  popular  power 39 

Expulsion  of  Moors  and  Jews 40 

Philip  IT.  and  the  Inquisition 40 

The  imbecility  of  the  Spanish  government 41 

Results  of  the  expulsion  of  Moors  and  Jews 42 

The  industries  and  the  wealth  pass  to  other  countries 43 

Oppressive  taxation  of  the  people 43 

The  power  of  the  church  increases 44 

Multiplication  of  religious  orders 44 

Vital  errors  in  administration 45 

Disregard  of  ancient  liberties 45 

Centralization  under  Ferdinand  and  Isabella 46 

Transference  of  Spanish  institutions  to  America 47 

Chapter  IV.    Spanish  Colonization: 

Early  Greek  colonies 48 

Objects  of  modern  colonization 49 

England  granted  monopolies  to  companies 49 

Resemblance  of  the  Spanish  to  the  Roman  colonies 49 

The  Spanish  military  colony 50 


Contents.  xi 

PAGE. 

The  administration  of  royal  officers 50 

The  crown  of  Spain  is  proprietor  of  the  soil 51 

All  civil  rights  flow  from  the  king 51 

The  council  of  the  Indies 51 

The  governmental  control  of  trade 52 

The  union  of  church  and  state,  in  conquest 52 

The  influence  of  the  religious  party  on  colonization 53 

The  influence  of  ecclesiasticism  in  colonizing 53 

Oppressive  taxation 54 

Prominence  of  the  religious  orders 54 

The  absorption  of  capital  by  the  church 54 

Laws  forthe  treatment  of  the  Indians 55 

Modern  effect  of  ecclesiastical  rule 56 

Theory  of  Indian  servitude 56 

The  first  phase  of  Indian  slavery 57 

The  repartimientos  system 58 

Grants  of  encomiendas «*9 

Mining  one  of  the  early  occupations  of  the  colonists 60 

The  use  of  Spanish  law  in  the  colonies 60 

The  laws  of  the  Indies  are  formed  into  a  code 61 

The  civil  law  of  Spain  prevails  in  the  colonies 62 

The  Spanish  colonial  policy  resembles  the  Eoman 63 

Chapter  V.    Events  in  New  Spain  prior  to  the  Settlement 
OF  Alta  California: 

The  instructions  of  Velasquez  to  Cortes 64 

The  sacred  banner  of  Cortes "^ 

The  real  object  of  conquest "" 

Eapid  conquest  by  the  Spaniards 67 

Cortes  establishes  a  government "' 

Founding  of  the  Villa  Rica  de  VeraCraz 68 

Extension  of  the  municipal  system 68 

The  re-building  of  the  City  of  Mexico 68 

•  fiQ 

A  residencia  is  appointed 

Origin  and  use  of  the  residencia 69 

The  imperial  rule  of  the  Viceroy '^ 

The  government  is  modified  by  the  religious  orders 71 

Strife  between  the  religious  orders  and  the  secular  clergy 72 

The  arrivals  of  the  different  orders 72 

The  zeal  and  organization  of  the  Jesuits 73 

Usefulness  of  religious  orders  in  conquest 'J* 

The  explorations  in  the  Northwest  by  Cortfe 75 

Attempted  settlement  of  the  Peninsula  of  California 76 

Other  explorations  in  the  Northwest 76 

The  pearl  industry  in  the  Gulf  of  California 77 


xii  Contents. 

PAGE. 

The  Jesuits  undertake  the  settlement  of  California 77 

Salvatierra  leads  the  Jesuits  into  California 79 

The  motives  of  the  missionaries 80 

Theworkof  " Father  Kino." 80 

The  organization  of  a  mission rSP 

Pueblos  or  towns  formed V.8J/ 

Decline  of  the  missions  of  Baja  California 82 

The  decline  of  the  Spanish  power 83 

The  arrival  of  Carlos  III 84 

The  Spaniards  fear  encroachments  of  foreign  nations 85 

The  order  of  Felipe  III.  for  the  settlement  of  California 85 

The  reasons  why  Alta  California  should  be  occupied 85 

Continued  determination  to  establish  forts  and  colonies 86 

Chaptee  VI.    The  Fxrst  Settlements  rsr  Alta  Caxtfobnta  : 

Meagre  knowledge  of  California 88 

Desire  to  solve  the  "  Northern  Mysterv." 89 

Preparation  against  foreign  invasion 89 

The  idea  of  gold  associated  with  all  early  conceptions  of  California  90 

Origin  of  the  name  "California." 91 

Confusion  of  ideas  respecting  California 91 

Great  variety  of  names 93 

Personal  glory  and  cupidity  for  gold 93 

Galvaez  plans  a  conquest  of  California 94 

Eeligious  orders  unite  with  the  civil  authorities 95 

Four  expeditions  for  the  supposed  conquest 95 

Life  and  character  of  Junipero  Serra 96 

Early  services  in  Mexico 97 

The  San  Carlos  leads  the  expeditions 99 

The  land  expeditions  are  soon  under  way 99 

Junipero  Serra,  President  of  the  missions 100 

The  San  Antonio  is  the  first  to  arrive  at  San  Diego 100 

Arrival  of  the  land  expeditions  and  preparation  for  settlement...  101 

The  four  parties  unite  in  a  solemn  mass 102 

Serra  preaches  the«first  sermon  to  the  natives 102 

The  natives  attack  the  camp 103 

Expedition  to  Monterey  under  Portola 103 

The  journey  up  the  coast 104 

The  search  for  the  port  of  Monterey 104 

The  discovery  of  the  Golden  Gate  and  the  Bay  of  San  Francisco  105 

Eeturn  of  the  expedition  to  San  Diego 106 

Portola  proposes  to  abandon  the  enterprise 106 

The  timely  arrival  of  the  San  Antonio 107 

Thesecond  expedition  to  Monterey 108 

Founding  of  Monterey 108 


Contents.  xiii 

PAGE. 

Celebration  of  the  event  in  Mexico 109 

Order  for  the  foundation  of  new  missions 110^ 

Imiwrtance  of  permanent  settlement  at  Monterey  and  San  Diego.. r^JlOs 

Chapter  VII.    The  Mission  System  : 

The  civil  and  religious  forces  cooperate  in  conquest 112 

Treatment  of  the  Indians 113 

The  labor  of  the  Indians  controlled  by  the  Spaniards 114 

The  king  orders  the  priests  to  gather  the  Indians  into  villages....  115 

The  race  problem 115 

A  communistic  state  in  Paraguay 116 

Methods  of  civilizing  the  Indians  in  Mexico  and  California 118 

The  civil  and  religious  conquest  of  San  Diego  and  Monterey 118 

Method  of  founding  a  mission 119 

Lawsof  Spain  relative  to  the  Indians 120 

Legal  status  of  the  Indian 121 

Social  condition  of  the  neophytes 122 

Social  and  industrial  life  at  the  missions 122 

Clothing  and  shelter 124 

Description  of  San  Louis  Rey 125 

Architecture  of  the  missions 126 

Spanish  origin  of  architecture 127 

Analysis  of  Spanish  architecture 127 

Plans  of  secularization 130 

The  missionaries  choose  favorable  situations  for  the  missions 131 

The  padres  had  no  title  to  the  land ■. 131 

Decree  of  the  Spanish  Cortes,  September,  1813 132 

Pleas  for  secularization 133 

Mexican  law  of  secularization,  1833 133 

The  missions  must  be  changed  into  parishes 134 

Reffulations  of  Governor  Figueron  respecting  the  process  of  secu- 


larization. 


134 


Distribution  of  lands  and  other  property 134 

Establishment  of  town  councils 1^ 

Privileges  of  rancherias - 1**^ 

Regulations  of  the  California  Deputation 136 

Proclamation   of  Governor  Alvarado,  respecting  the   duties   of 

agents ^^^ 

The  result  of  the  foregoing  laws ^^' 

Proclamation  of  General  Micheltorena ••••  138 

The   Department  Assembly  orders   the  sale  of  the  unoccupied 

missions 

Governor  Pico's  proclamation  for  the  sale  and  rental  of  the  missions  139 

Indians  declared  free  from  neophytism 1"^" 

The  sale  of  the  missions  ordered  by  the  Departmental  Assembly  141 


^[y  Contents. 

PAGE. 

The  missions  ordered  to  be  mortgaged  to  raise  funds  for  the  war 

against  the  United  States ^^j 

The  United  States  flag  raised  at  Monterey 141 

Prochimation  of  General  Kearney 1^1 

Effects  of  attempts  to  secularize 142 

Objects  of  secularization 1^^ 

The  "pious  fund"  of  California 143 

The  "pious  fund"  confiscated  by  Santa  Ana 145 

Disposal  of  mission  property  by  the  United  States 145 

Criticisms  on  the  methods  of  the  missionaries 147 

Slow  development  of  the  native  races 148 

Policy  of  United  vStates  national  Indian  schools 148 

Control  of  the  Indian  through  relij-ion 149 

Testimony  of  writers  and  explorers 1^0 

The  system  of  the  padres  suited  to  non-warlike  races 150 

Method  adopted  in  the  colonies  on  the  Colorado 151 

The  rapid  "reduction"  of  a  barbarous  race 151 

jE^APTER  Vtn.    Spanish  Colonial  Municipalities: 

/        Definition  of  the  term  "pueblo." 153 

/  Survival  of  Spanish  institutions  in  the  provinces 154 

/  Spain  was  the  first  province  of  Rome  to  develop  the  municipality  154 

/  The  laws  of  Malaga  and  Salpensa 155 

/  The  several  classes  of  Roman  townsin  Spain 155 

I  Polity  of  the  Roman  towns _• ;••  l^^ 

■  Early  Roman  municipality  the  foundation  of  Spanish  municipality  156 

Feudal  society  modifies  the  municipality 157 

;  Composition  of  the  Spanish  town 158 

i  Representation  of  towns  in  the  Cortes ••••  158 

\  Municipalities  in  the  colonies  were  exact  copies  of  the  Spanish 

i  .  1  fin 

!  municipality ^^^ 

\  The  central  government  makes  specific  laws  for  the  control  of  the 


colonists. 


160 


\               The  uniformity  of  the  Spanish-American  town 161 

\               Laws  of  colonization  set  forth  by  Philip  II 161 

\              Two  methods  of  forming  a  colony 1"2 

■             Regulations  of  Philip  de  Neve 163 

Objects  of  colonizing  California 1"3 

Grants  and  aids  to  settlers 1"4 

Method  of  laying  out  a  town 1"5 

Classes  of  lands  in  a  town 1"" 

Plan  of  an  ideal  pueblo 167 

Nature  of  a  grant  to  atown 168 

Location  of  the  suertes  169 

Nature  and  extent  of  taxation 170 


Contents. 


XV 


PAGE. 

Kesemblance  of  the  pueblo  to  the  English  village  comnninity 171 

Grants  of  sitios;  extent  of  grant 172 

The  foundation  of  the  pueblo,  San  Jos^,  1777 174 

Slow  growth  of  San  Jos^ 176 

Site  of  the  town  changed 176 

Extent  of  the  pueblo  landsof  San  Jos^ 177 

A  comniission  appointed  to  survey  the  lands 178 

Social  development  of  San  Josd 179 

Settlement  of  Los  Angeles,  1781 ISO 

Plan  of  the  town 181 

The  apportionment  of  lands  to  tlie  colonists 182 

The  formal  distribution  of  lands,  1786 182 

Growth  of  the  pueblo 183 

Founding  of  Branciforte  (Santa  Cruz) 184 

Peculiar  regulations 185 

Character  of  the  colonists 186 

Causes  of  the  failure  of  the  civil  colonies 187 

Bad  policy  of  Spain  toward  her  colonies 187 

Local  administration  of  the  territory  through  the  pueblo 188 

Municipal  organization 189 

Ayuntamientos  and  electors 190 

Central  government  strengthened  by  thelawsof  1837 191/^ 

Duties  of  the  Alcalde 191 

Chapter  IX.     Presidios  and  Presidial  Towns  : 

The  establishment  of  presidios  in  New  Spain 192 

The  growth  of  towns  around  the  fortress 193 

Description  of  a  presidio  by  De  Mofras 194 

Quaint  uniform  of  the  soldiers 195 

Service  of  the  soldiers 195 

The  ranchodel  rey,  or  king's  farm 196 

Illiberal  policy  of  the  missionaries 197 

Regulations  for  founding  presidial  towns 198 

The  "plan  of  Pitic." 199 

Regulations  of  Pedro  de  Nava 203 

Founding  of  San  Francisco,  Santa  Barbara,  Monterey,  and  San 

Diego 204 

Military  importance  of  Monterey 204 

Description  of  Monterey  by  Dana 204 

Vancouver's  description 205 

Character  of  the  society  at  Monterey 206 

Beginning  of  municipal  government. 207 

Origin  of  presidio  and  town  of  San  Francisco 207 

The  change  from  military  to  civil  government 209 

The  presidioat  Santa  Barbara 211 


xvi  Contents. 

PAGE. 

Tidy  appearance  of  the  buildings 211 

No  ranch  delrey  at  Santa  Barbara 211 

The  beginnings  of  municipal  government 213 

The  important  situation  of  San  Diego 213 

Bad  condition  of  the  fortifications 213 

The  fine  harbor  of  San  Diego 214 

Attempts  to  improve  the  fort 214 

Separation  of  the  civil  from  the  military  government 214 

The  growth  of  the  four  presidial  towns 215 

Transition  from  Mexican  to  American  institutions 216 

Chapteb  X.    The  Spanish  Occupation  of  Arizona,  New  Mex- 
ico, AND  Texas: 

The  fabulous  stories  of  the  "Seven  Cities  of  Cibola." 217 

Theexpedition  of  Nuno  de  Guzman 217 

Eeports  of  Cabeza  de  Vaca 218 

The  expedition  and  the  stories  of  Fray  Marcos 218 

The  expedition  of  Coronado 219 

Temporary  conquest  of  New  Mexico 220 

Early  exploration  in  Arizona 220 

The  establishment  of  missions 220 

The  expulsion  of  the  Jesuits 221 

The  people  settle  around  the  presidios  of  Tubac  and  Tucson 222 

Industries  were  carried  on  to  some  extent 222 

Various  exploring  expeditions  to  New  Mexico 223 

The  colonization  of  New  Mexico  by  Onate 223 

Founding  of  the  settlements  and  conversion  of  the  natives 224 

The  progress  of  missionary  work 224 

The  reduction  of  the  Indians  to  civil  government 225 

The  Indians  revolt  and  expel  the  Spaniards 225 

The  re-conquest  by  Vargas 225 

Progress  of  the  settlements 226 

Government  of  New  Mexico 227 

Description  of  Santa  F^ 228 

Early  explorations  in  Texas 230 

The  establishment  of  missions  and  presidios 230 

The  decree  of  1830  for  the  colonization  of  Texas 231 

Very  few  Mexicans  enter  Texas 232 

Land  system  and  methods  of  colonization 233 

Liberal  inducements  to  settlers 234 

The  contract  or  empresario  plan  of  colonization 235 

Liberal  grants  to  Mexicans 235 

Indians  to  receive  and  hold  land 236 

Eich  lands  of  Texas  and  great  haciendas 236 

The  colony  of  General  Austin 236 

Interesting  history  of  Texas 237 


Contents.  xvii 

PAGE. 

Chapter  XI.    The  Social  Condition  of  the  Indians  : 

The  Indian  question  of  great  importance  to  the  invaders 238 

The  beginnings  of  social  life 238 

Different  social  conditions  of  the  different  tribes 239 

Cabrillo's  contact  with  the  natives  of  California 239 

General  characteristics  of  California  Indians 239 

The  inferior  condition  of  the  California  Indians 240 

Nature  of  their  religion 241 

A  rude  cosmogony 242 

The  religious  use  of  council  chambers 243 

The  Montezuma  religion  of  the  New  Mexicans 243 

The  Cachina  and  other  religious  dances 244 

Religious  nature  of  the  Pueblo  Indians 244 

ieestufa  explained 245 

The  neophytes  of  California  retain  their  old  superstitions 246 

The  elements  of  political  institutions 246 

Importance  of  the  chief  and  the  council 246 

The  political  use  of  the  estufa 24/ 

The  civil  government  of  the  pueblos 247 

The  Spaniards  allow  the  Indians  to  remain  in  villages 248 

The  pueblo  buildings 248 

The  pueblo  of  Taos 249 

The  communal  holding  of  land 249 

Arts  and  industries 249 

Social  life  and  games 250 

Social  condition  of  the  California  Indians 251 

The  social  and  political  status  of  the  Indian 251 

The  wards  of  the  government •^^•* 

The  theory  of  civil  equality 254 

Chapter  XII.  The  Social  and  Political  Life  op  the  Colonists  : 

Character  of  the  California  colonists 255 

Classes  of  the  people 255 

A  land  of  sunshine  and  ease ■^''" 

Hospitality  of  the  colonists 257 

Sources  of  amusement ^^" 

Dances,  balls,  and  sports "^'^ 

Dana's  description  of  a  "fandango." 258 

BuU-fighting  a  national  sport ^'-'^ 

Costumes  of  the  people 

Styles  at  Santa  Barbara  in  1829 261 

962 
Military  Costumes.  ■'"■" 


Description  of  popular  costumes  at  Monterey 262 

Society  at  Monterey ^^ 

Politeness  of  the  Spanish  people V) 


xviii  Contents. 

PAGE. 

''The  homes  of  the  colonists '  264 

General  state  of  society  during  the  colonial  period 266 

Attempt  to  create  morality  by  force  of  civil  law 267 

Beginnings  of  popular  education 267 

The  industries  of  the  Spanish  people T..^ 268 

Agriculture  andstock  rearing 269 

Meagre  condition  of  political  life 270 

Wide  separation  of  the  people  of  California  and  Mexico 270 

Permanent  influence  of  language 271 

The  influence  of  the  Mexican  language 272 

A  short  list  of  Spanish-American  words 273 

The  beginnings  of  literature 278 

Social  and  political  condition  of  Spanish  subjects 279 

Chapter  XIII.    Political  and  Judicial  Powers: 

Traces  of  the  old  feudal  regime 280 

Survival  of  the  forms  of  Spanish  administration  under  Mexican 

rule 280 

Condition  of  the  government  at  the  close  of  the  eighteenth  cen- 
tury   281 

Multiplication  of  Spanish  officials 281 

Supreme  authority  rests  in  a  Mexican  congress 282 

The  central  governmentof  Mexico 282 

Local  government  in  the  provinces 283 

Municipal  revenue  raised  from  land 285 

Principal  features  of  local  government  retained  after  the  Mexican 

revolution 285 

The  ayuntamiento,  or  town  council 286 

Powers  and  regulation  of  the  aj/wntomzenio 287 

The  office  of  a/ca/de 290 

The  informal  nature  of  judicial  practice 291 

Conciliatory  powers  of  officers 291 

Example  of  judicial  procedure 292 

Towns  near  presidios  subject  to  military  control.  293 

Carelessness  in  the  punishment  of  crime 293 

A  multitude  of  social  restrictions 293 

Excessive  punishment  of  small  oSences 294 

The  central  government  absorbs  the  local 295 

Chapter  XIV.    Trade  and  Commerce  : 

Commerce  the  chief  object  of  modern  colonization 296 

Spanish  methods  of  controlling  trade 296 

Establishment  of  agovernment  monopoly 296 

All  trademust  pass  through  a  single  port 297 

Oppression  of  colonial  trade 297 


Contents. 


XIX 


PAGE. 

Restrictive  measures  in  the  colonies 297 

Trade  between  Acapulco  and  the  Philippine  Islands 298 

The  Galeons  and  the  Flota 298 

Spanish  trade  absorbed  by  foreign  nations 299 

Partial  removal  of  restrictions 300 

Early  trade  in  California 300 

A  Boston  trader  at  Monterey 301 

The  collection  of  customs  duties 302 

The  practice  of  smuggling 303 

The  evasion  of  revenue  laws 304 

Mexico  continues  theSpanish  restrictive  policy 304 

Overland  expeditions 306 

Trade  with  the  Sandwich  Islands 306 

The  fur  trade  of  the  west 306 

Trade  and  commerce  as  a  nation  builder 308 

Chapter  XV.    The  Land  Question: 

The  importance  of  land  tenure  in  national  polity 309 

The  Koman  land  laws  copied  by  Spain 309 

Liberality  of  the  Spanish  monarchs  in  the  disposal  of  land 310 

Decree  of  the  Cortes  encouraging  agriculture  and  industry 311 

Decree  of  the  Cortes  abolishing  entails 312 

Decrees  of  the  Mexican  congress  abolishing  entails 312 

General  colonization  law  of  1824 313 

Rules  and  regulations  for  colonizing , 313 

Modes  of  acquiring  land  by  foreigners 314 

The  laws  of  naturalization 314 

Restrictions  on  adjacent  foreign  countries 315 

Convicts  sent  to  the  colonies 316 

The  establishment  of  a  commission  on  colonization 316 

Public  lands  offered  for  sale 317 

Land  scrip  issued  to  pay  the  national  debt 317 

Final  attempt  of  Mexico  to  encourage  colonization 317 

Laws  of  Coahuila  and  Texas 318 

Different  methodsof  disposing  of  public  lands 319 

Private  land  grants 319 

Uncertainty  of  land  titles 320 

Private  land  grants  under  Spanish  rule 320 

Some  ranchos  resemble  old  feudal  estates 321 

The  Vallejo  rancho 321 

The  act  of  congress  for  the  settlement  of  Mexican  land  claims...  322 

Mexican  land  claims  in  California 322 

Mexican  private  grants 322 

Method  of  acquiring  a  grant 323 

Rights  of  citizens  secured  by  the  treaty  of  1848 324 


XX  Contents. 

PAGE. 

Good  lands  in  California  taken  by  private  grants 324 

Pueblo  land  titles 325 

The  mission  estates 325 

Land  grants  inNew  Mexico 326 

Difficulty  of  settling  Mexican  land  titles 327 

Recent  laws  of  colonization  in  Mexico 328 

Chapter  XVI.    Diplomatic  Relations  : 

Rights  by  discovery  and  rights  by  occupation 329 

The  unfortunate  attitude  of  Spain 329 

Othernations  fail  to  accept  Spanish  claims 330 

Encroachments  upon  Spanish  territory 330 

The  situation  at  the  treaty  of  Ryswick 331 

Spanish  boundaries  on  the  Atlantic  coast 331 

The  depredations  of  privateers 331 

Displacement  of  the  Spanish  by  the  French  in  the  Mississippi 

valley 332 

Spain  cedes  Louisiana  to  France 332 

Spanish  claims  in  the  Pacific  ocean 333 

The  Nootka  controversy 333 

Conflicting  claims  of  Spain  and  England 333 

Terms  of  the  treaty  of  1790 335 

Permanent  settlement  of  the  difficulty  in  1794 336 

Spain  withdraws  to  the  42nd  parallel 337 

Cause  of  Spain's  withdrawal 337 

Spain  loses  Mexico 338 

Florida  becomesapart  of  the  United  States 338 

The  Texas  boundary 339 

Texas  becomes  an  independent  republic 340 

Texas  becomes  a  part  of  the  United  States 340 

The  great  powers  desire  California 340 

Russia  withdraws  from  the  contest 341 

France  and  England  are  interested 341 

The  United  States  gains  the  prize 342 

The  capture  of  California 342 

Why  Spainlost  her  foothold  in  America 343 


AUTHORITIES  CONSULTED. 


Albert,  Lieut.     Description  of  a  Pueblo.    Executive  Document,  No.  41. 

First  Sess.,  30th  Cong.,  1848,  p.  462. 
Adam,  Rev.  J.     Padre  Junipero  Serra.    San  Francisco,  1884. 
Arnold,  W.  T.     Roman  Provincial  Administration.     London,  1879. 
Ballou,  M.  M.    Aztec  Land.     New  York,  1890. 
Bandaliek,  a.  F.    The  Delight  Makers.    New  York,  1890. 
Baegert,  Jacob.     An  Account  of  the  Aboriginal  Inhabitants  of  the  Cali- 
fornia Peninsula.     Smithsonian  Report,  1863-4. 
Bancroft,  H.  H.     Native  Races.    5  vols.     San  Francisco,  1882-3. 
Bancroft,  H.  H.     History  of  the  Nortli  Mexican  States.     3  vols.    San 

Francisco,  1884-89. 
Bancroft,  H.  H.    History  of  California.    7  vols.    San  Francisco,  1884-90. 
Bancroft,  H.  H.    California  Pastoral.    San  Francisco,  1888. 
Bancroft,  H.  H.    History  of  Mexico.     6  vols.    San  Francisco,  1883-88. 
Bancroft,  H.  H.    Arizona  and  New  Mexico.    San  Francisco,  1889. 
Bartlett,  J.  R.     Personal  Narrative,  New  Mexico,  Texas  and  California. 

2  vols.     New  York,  1854. 
Beechy,  Fred.  W.     Narrative  of  a  voyage  (1836-42)  to  the  Pacific  Coast 

and  Behring  Strait.     2  vols.     London,  1843. 
Begert,  Jacob.    Nachrichten  der  Americanischen  Halbinsel  California. 

Manheim,  1772. 
BoscANA,  Jeronimo.     Chinigchinich.     New  York,  1846.     (Robinson.) 
Brown,  Alexander.    The  Genesis  of  the  United  States.    2  vols.,  8vo. 

Boston,  1890. 
Bryant,  E.     What  I  saw  in  California.    New  York,  1849. 
Burke,  Edmund.    An  Ac<30unt  of  European  Settlement  in  America.    2 

vols.     London,  1808. 
Cabeza  de  Vaca.    Relation  of,  Terneaux-Compans.    Paris,  1838.^ 
Cabeza  de  Vaca.     Commentaries,  Terneaux-Compans.     Paris,  1838. 
California,  Debates  in  Convention  of,  on  the  Formation  of  the  SUte 

Constitution,  1849.     Washington,  1850. 
Capron,  E.  S.     History  of  California.    Boston,  1854. 
Castaneda,  Pedro  de.     Relation,  Terneaux-Compans,  vol.  IX,  p.  138. 

Paris,  1838. 

xxi 


xxii  Authorities  Consulted. 

COPPEE,  Henry.     The  Conquest  of  Spain,  by  the  Arab-Moors.     2  vols. 

Boston,  1881. 
Coxe,  William.     Memoirs  of  the  King  of  Spain,  of  the  House  of  Bourbon. 

London,  1813. 
Crespi,  Juan.    Viage  de  la  expedicion  de  terra  de  San  Diego  a  Monterey. 

Doc.  History  of  Mexico,  tome  VI. 
Ckonise,  T.  F.    Natural  Wealth  of  California.     San  Francisco,  1868. 
Dana,  R.  H.    Two  Years  before  the  Mast.    New  York,  1886. 
Davis,  W.  W.  H.    El  Gringo.    New  York,  1857. 
Davis,  W-  W.  H.    The  Spanish  Conquest  of  Mexico.     Doylestown,  Pa., 

1869. 
De  Mofras,  Duflot.     Explorations  de  I'Oregon,  des  Californias.     Paris, 

1844. 
Doyle,  John  T.     The  Pious  Fund.     Cal.  Hist.  Soc,  vol.  I. 
Dunham,  S.  A.     History  of  Spain  and  Portugal.     5  vols.     London,  1833. 
DuRUY,  Victor.    History  of  Rome,     8  vols.     New  York,  1884. 
DwiNELLE,  John  W.    Colonial  History  of  San  Francisco.    San  Francisco, 

1863. 
Encyclopaedia  Brit.     Spanish-American  Colonies. 
Evans,  R.  S,    Cabrillo's  Voyage.    U.  S.  Geolog.  Survey,  vol.  VII,  1879, 

Archaeology. 
Farnham,  Thos.  J.     Life  and  Adventures  in  California.    New  York,  1846. 
Ferrelo,   Bartolome.     Cabrillo's  Voyage.    U.  S.  Geolog.  Survey,  vol. 

VII,  1879,  Archaeology. 
Forbes,  A.    History  of  California.     London,  1839. 
FooTE,  Mary  Hallock.    The  Cascarone  Ball.     Century,  Aug.,  1879. 
Gayarre,  Charles.     Philip  II,  of  Spain. 
Greisinger,  Theodore.     The  Jesuits.    2  vols.     Putnam,  1883. 
GwiN,  W.  M.     Private  Land  Titles  in  the  State  of  California.     Speeches 

in  the  Senate.     Washington,  1851. 
Gibbon,  Edward.      History  of   the   Decline  and   Fall   of    the   Roman 

Empire. 
Hakluyt's  Voyages.    The  Principal  Navigators,     Sir  Francis  Drake. 

3  vols.     London. 
Hale,  E.  E.    The  Name  of  California.     Atlantic  Monthly,  Vol.  XIII. 
Hall,  Frederic.     History  of  San  Jose.     San  Francisco,  1871. 
Halleck,  H.  W.     Report  on  Land  Titles  in  California. 
Halleck,  H.  W.     Report  133,  Correspondence  of  Sec.  of  State  1846-8  in 
^.  California  and  New  Mexico,  Mes.  and  Doc,  1850. 

-^    Harris,  J.  M.    Paper  on  California.     1855. 
Harrison,  J.  A.    History  of  Spain. 
Helps,  Sir  Arthur.     The  Sijanish  Conquest  of  America.    4  vols.     New 

York,  1868. 
Heeren,  a.  H.  L.    Historical  Researches,  etc.    Oxford,  6  vols.,  1833. 
Hittell,  J.  S.    History  of  the  City  of  San  Francisco.    San  Francisco,  1878. 


Authorities  Consulted.  xxiii 

HoLLEY,  Mrs.  M.  A.    Texas.     Lexington,  Ky.,  1836. 
Hughes,  Mks.  Eliz.    The  California  of  the  Padres.    San  Francisco,  1875. 
Humboldt,  Alex.  Von.    The  Kingdom  of  New  Spain.     London,  1811. 
Humboldt,  Alex.  Von.     Ensayo  Politico  sobre  Nueva  Espana.     5  vols. 

Paris,  1856. 
Icazbalceta,  Juan  G.     Documentos  para  la  historia  de  Mexico.     1853-7. 
Ihne,  William.    History  of  Rome.    5  vols.     London,  1871-82. 
Ingersoll,    Ernest.     In   a   Redwood   Logging   Camp.     Harper's   Mag. 

LXVL,  p.  144. 
Jackson,  H.  H.     A  Century  of  Dishonor.     Boston,  1886. 
Jackson,  H.  H.     Father  Juniiiero  and  liis  Work.    Century  Mag.,  Vol.  26. 

Present  Condition  of  the  Mission  Indians.     Century  Mag.,  Vol.  26. 
Jones,  W.  C.     Report  on  Land  Titles  in  California;  The  Pueblo  Question 

Solved.     Washington,  1850. 
Jones,  Thos.  C.    Agresion  en  Californias,  27c,  3s,  H.  ex.  Doc,  100. 
King,  T.  B.     Rejiort  on  California.     Washington,  1852. 
Kinney,  Abbott.     Report  to  Commissioner  of  Indian  Offices. 
Kotsebue,  Otto  Von.     Voyages. 
La  Fuenta,  Modesto.     Los  Reyes  Catolicas.     Selection  from  Historia  de 

Espana. 
La  Fuenta,  Modesto.     Historia  general  de  Espana.     Madrid,  1850-67. 
Lockman,  John.     Travels  of  the  Jesuits  into  various  parts  of  the  World. 

London,  1762. 
Langdorff,  Geo.  H.  Von.   Voyages  in  various  parts  of  the  world  (1803-7). 

London,  1813-4. 
La  Perouse,  J.  F.  G.  de.    Relation  Abr^g^e  du  Voyage  de  La  Perouse. 

Leipzig,  1799. 
La  Perouse,  J.  F.  G.  de.     Voyage  around  the  World.     London,  1798. 
Lex  Malaga.     Edited  by  Mommsen. 
Lex  Salpensa.     Edited  by  Mommsen. 
Marquardt,  Joachim.     Romische  Staatsverwaltung.     2  vols.     Leipsic, 

1873. 
Marcou,  Jules.     Notes  on  the  First  Discovery  of  California  and  Origin  of 

the  Name.     Government  Doc,  1878. 
Mayer,  B.     Mexico,  with  Notes  on  California.     1853. 
Merivale,  H.     Colonization  and  Colonies.     London,  1861. 
Mommsen,  Theodore.     The  History  of  Rome.    4  vols.     New  York,  1889. 
Mommsen,  Theodore.    Staatsrechte  der  Lateinischen  Germinden  Salpensa 

und  Malaca  in  der  Provinz  Baetica. 
Mommsen,  Theodore.    The  Provinces  of  the  Roman  Empire.     2  vols. 

London,  1886. 
Morgan,  Lewis  H.    Systems  of  Consanguinity  and  Affinity  of  the  Human 

Race.     Smithsonian  Con.,  vol.  XVII,  218. 
Moses,  Bernard.     Data  of  Mexican  and   United   States  History.     Cal. 

Hist.  Assoc,  Vol.  I. 


XXIV 


Authorities  Consulted. 


Moses,  Bernard.    The  Establishment  of  Municipal  Government  in  San 

Francisco.     Johns  Hopkins  University  Studies,  Series  VII. 
Motley,  J.  L.     Rise  of  the  Dutch  Eepublic.    New  York,  1880. 
Motley,  J.  L.     United  Netherlands.     New  York,  1880. 
Morgan,  Lewis.     Houses  and  House-life  of  the  American  Aborigines. 

Contributions  to  American  Ethnology,  Vol.  IV.     Washington,  1881. 
Murphy,  James  Cavanatjgh.    The  Arabian  Antiquities  of  Spain.     Lon- 
don, 1813. 
Neve,  Philip  de.    Regulations  for  the  Government  of  the  Province  of 

California.    San  Carlos,  1779.     (Rockwell,  445.) 
Ober,  Frederick  A.    Travels  in  Mexico.     Boston,  1884. 
Palou,  Francisco.     Relacion  de  la  Vida  del   Padre  Junipero  Serra. 

Mexico,  1787. 
Palou,   Francisco.      Noticias    de    la    California.      Hist.   Doc,  Tomes 

VI-VII. 
Palou,  Francisco.     Magazine  of  American  History,  IV.     Letter,  1783. 
Powers,  Stephen.     Aborigines  of  California.    U.  S.  Geolog.  Survey.    J. 

W.  Powell,  1888. 
Prescott,  W.  H.    History  of  the  Conquest  of  Mexico.    Philadelphia,  1890. 
Prescott,  W.  H.     Ferdinand  and  Isabella.     Philadelphia,  1890. 
Prescott,  W.  H.    Philip  the  Second.     Philadelphia,  1890. 
Prince,  L.  B.    History  of  New  Mexico.     Kansas  City,  1883. 
Private  Land  Claims.     Report  of  Committee.     San  Francisco,  1852. 
Recopilacion  de  Leyes  de  los  Reynos  de  las  Indias.     Madrid,  1774. 
Robertson,  W.    Charles  V.  of  Spain.    Philadelphia,  1873  (Prescott). 
Robertson,  W.    History  of  America.    London,  1778. 
Robinson,  A.    Life  in  California.    New  York,  1846, 
RoYCE,  JosiAH.    California.     Boston,  1888. 
Rockwell,  John  A.     A  Compilation  of  Spanish  and  Mexican  Law.    New 

York,  1851. 
Schmidt,  Gustavus.    The  Civil  Law  of  Spain  and  Mexico.     New  Orleans, 

1851. 
Schumacher,  Paul.    Aborigines  of  California.    Popular  Science  Monthly, 

1887,  p.  253. 
Schubert,  F.  W.    Verfassungs  Urkunden.    2  vols. 

Shea,  J.  G.     History  of  Catholic  Missions  in  the  U.  S.     New  York,  1855. 
Shinn,  C.  H.     Mining  Camps.     1886. 

Shinn,  C.  H.     Pioneer  Spanish  Families  in  California.     Century,  Vol.  41. 
Smith,  Adam.    Wealth  of  Nations.  .  Book  IV.,  Chap.  7. 
SouLE,  Frank.     Annals  of  San  Francisco.     New  York,  1885. 
ToRQUEMADA,  JuAN  DE.     Monarquia  Indiana.     Madrid,  1723. 
TuTiiiLL,  Franklin.     History  of  California.     San  Francisco,  1866. 
United  States  Government  Documents. 
Valencia.     Noticias  de  la  Provincias  de  las  Californias,  1794. 


Authorities  Consulted.  xxv 

Vancouver,  Geo.     Voyage  of  Discovery  to  tlie  Pacific  Ocean.     London, 

1798. 
Vancouver,  Geo.     Voyage  de  Decouvers  a  I'Ocean  Pacifique.    Paris,  1798. 
Venegas,  Miguel.     Noticias  de  la  California.     Madrid,  1757. 
Venegas,  Miguel.     Natural  and  Political  History  of  California.     2  vols. 

London,  1759. 
Wheeler,  G.  M.     U.  S.  Geolog.  Survey,  1878,  Vol.  VII. 
Whitney,  J.  D.     Geolog.  Survey  of  California.     6  vols. 
Warner,  Widney  and  Hayes.     An  Historical  Sketch  of  Los  Angeles, 

Cal.     Los  Angeles,  1876. 
Wilkes,  Charles.     U.  S.  Explor.  Expedition,  Vol.  V.    Phil.,  1845. 
Willey,  H.  S.     An  Historical   Paper  relating  to  Santa  Cruz,  Cal.     San 

Francisco,  1876. 
Wilson,  Hon.  B.  D.     Report  to  the  Interior  Department,  1853. 
WiNSOR,  Justin.     Narrative  and  Critical  History  of  America.     8  vols. 
Wells,  David.    A  Study  of  Mexico.     New  York,  1888. 


ILLUSTRATIONS. 


-T  Page. 

No. 

1.  Monterey  from  the  Fort.     Frontispiece. 

2.  Colton  Hall,  California's  first  Capital "6 

3.  San  Diego  Mission 92 

4.  San  Carlos  Mission  Church,  Monterey 98 

5.  San  Antoniode  Padua 100 

6.  San  Buenaventura HO 

7.  Landing  Place  of  Missionaries,  Monterey 112 

8.  San  Louis  Key 126 

9.  San  Juan  Bautista 138 

10.  Carmel  Mission 140 

11.  Franciscan  Monks,  Santa  Barbara 150 

12.  Church  of  the  Angels,  Los  Angeles 166 

13.  View  of  the  Mission  St.  Joseph,  (San  Jos^) 174 

14.  San  Gabriel  Mission 180 

15.  San  Miguel 198 

16.  San  Miguel  Church,  Santa  F6 200 

17.  Santa  Barbara  Mission 204 

18.  Mission  of  San  Francisco 210 

19.  St.  Xavier's  Church,  near  Tucson,  Arizona 226 

20.  Governor's  Palace,  Santa  F6 228 

21.  Mission  San  Jose,  San  Antonio,  Texas 230 

22.  Mission  Concepcion,  San  Antonio,  Texas 230 

23.  San  Juan  Capistrano 242 

24.  TheCachina  Dance 244 

25.  Zuni  Water  Carrier 248 

28.   Taos  North  Town  250 

27.  Moqui  Indian  Weaving 252 

28.  Oraibe,  Eastern  Court 270 

29.  Wolpi— a  Moqui  Town 300 

30.  Old  Custom  House,  Monterey 302 

31.  Zuni  Pueblo 320 

Maps. 

Map  of  Spanish  Possessions  in  the  United  States  in  1783 332 


SPANISH  INSTITUTIONS  OF  THE 
SOUTHWEST. 


CHAPTER  I. 
Introduction. 


Th^-'^fuHent  of  history  and  politics  finds  the  deepest 
int^^st  and  the  greatest  profit  in  the  social  and  political  insti- 
tmions  of  a  people ;  for  in  these  are  represented  the  first, 
of  a  nation^^^Vhothor  40:*  sLud)'  the  U'ibal  life  of  fheTroquois, 
the  politics  of  Greece  and  Rome,  the  colonial  life  of  New 
England,  the  municipality  of  Spain,  or  even  the  problems  of 
modern  political  administration,  it  is  the  same  humanity  which 
he  studies,  every  part  of  which  bears  its  own  lesson.  And  it 
is  not  infrequent  that  the  field  of  history  which  is  the  least 
promising  reveals  the  greatest  truth.  In  its  larger  sense  there 
is  but  one  history,  and  that  is  the  history  of  humanity  ;  the  past 
and  present  are  one;  time  alone  is  old.  Greece  and  Rome 
were  young ;  immediately  about  us  are  the  oldest  institutions. 
It  only  remains  to  choose  what  part  of  this  great  domain  shall 
be  first  investigated,  even  as  one  would  choose  which  of  the 
colonial  elements  of  our  great  nation  should  be  first  studied. 

Of  the  four  great  nations  of  the  Old  World,  which,  through 
war  and  diplomacy,  competed  for  supremacy  on  the  Western 
continent,  none  has  left  a  more  interestiug  record  than  that  of 
Spain.  Mournful  as  were  the  results  of  her  enterprises,  her 
history   is   evervwhere  tinged    with    colors  of  romance;  for 

1 


2  Spanish  Institutions  of  the  Southwest. 

the  exploration  and  conquest  of  the  Spaniard  bordered  on 
the  marvelous.  There  were  excitement,  adventure,  and  old- 
time  glory  in  every  exploit  which  has  exhibited  on  plain, 
mountain,  or  in  forest,  the  characteristics  of  Spanish  national 
life.  This  life,  to  the  casual  observer,  is  a  series  of  paradoxes  ; 
to  the  thoughtful  a  natural  outcome.  The  Spanish  explorer, 
apparently  as  devout  as  a  monk,  was  frequently  more  cruel 
than  the  savage  whom  he  conquered.  A  liberty-loving  people, 
the  Spanish  have  produced  the  worst  types  of  absolutism  ; 
possessed  of  an  active  and  progressive  spirit,  they  have  been 
slow  to  grasp  and  hold  the  vital  elements  of  permanent  im- 
provement; and  while  in  the  very  act  of  inaugurating  a 
reform,  they  have  sown  the  seeds  of  anarchy  and  oppression. 
Popular  representation  and  individual  rights,  the  flowers  of 
early  independence,  were  crushed  by  the  ruthless  hand  of 
tyranny  and  despotism.  Abounding  in  magnificent  opportu- 
nities for  gaining  and  holding  power,  the  Spanish  people  were 
again  and  again  forced  to  yield  to  foreign  oppression. 

The  prestige  of  Spain  in  the  New  World  was  great,  and  in 
the  Old  World  her  power  was  supreme.  It  is  well  to  remem- 
ber that  the  discovery  of  America  was  accomplished  under 
the  patronage  of  Spain,  and  that  priority  of  discovery  and 
exploration  gave  her  the  first  right  to  the  soil ;  that  the  first 
adventurers  and  explorers  that  over-ran  the  New  World  were 
Spaniards,  a  fact  that  strengthened  her  claim  to  the  newly  dis- 
covered territory ;  and  that  in  the  .century  following  the  dis- 
covery, Spain  had  become  the  foremost  nation  of  all  Europe ; 
consequently  the  right  of  might  was  in  her  favor.  In  addi- 
tion to  this.  Pope  Alexander  VI.,  by  an  assumed  divine  right, 
bequeathed  to  Spain  nearly  the  whole  of  the  newly  discovered 
continent.^  With  these  advantages  the  opportunities  of  Spain 
were  great.  Indeed  it  may  be  said  that,  among  the  modern 
nations  of  Europe,  no  other  had  such  great  opportunities  of 
extending  territory  and  of  building  and  establishing  a  great 

^Eobertson,  History  of  America,  I,  113. 


Introduction.  3 

empire  as  Spain ;  no  other  nation  had  such  opportunities  to 
develop  and  perpetuate  civil  liberty.  Yet  with  all  this  pres- 
tige and  power,  Spain  yielded  her  territory  in  the  New 
World  step  by  step,  and  lost  her  proud  position  in  the  front 
rank  of  the  nations  of  the  Old.  The  result  of  this  withdrawal 
was  that  the  permanent  institutions  of  North  America  have 
been  established  by  other  nationalities.  Remnants  of  laws, 
customs,  and  institutions,  and  influences  of  the  same,  are  all 
that  we  see  to-day  of  an  empire  once  magnificent  in  extent. 
The  work  of  building  the  American  Republic  was  performed 
by  another  nation. 

It  is  generally  recognized  that  our  American  political  life 
is  Teutonic  in  its  origin  and  fundamental  characteristics,  and 
that  the  germs  of  American  institutions  have  been  derived 
directly  from  England.  So  marked  are  these  phases  of  his- 
torical truth,  that  a  celebrated  historian  has  written  of  "  The 
English  people  in  their  three  Homes,"  ^  the  Old,  the  Middle, 
and  the  New  England ;  the  continental,  the  island,  and  the 
trans-continental  homes.  Nor  is  this  a  sentimental  or  vision- 
ary conception.  It  is  historical ;  for  in  these  three  homes  are 
people  of  a  common  stock,  whose  early  institutions  were  the 
same ;  though  now  differentiated,  on  account  of  environments, 
until  the  three  vary  in  customs,  laws,  and  social  life.  But  the 
liberty  of  which  they  speak,  and  the  progress  of  which  they 
boast,  originated  in  a  common  birth-right,  and  descended 
through  a  common  lineage.  It  may  be  justly  claimed  that  in 
this  same  source  the  element  of  modern  civilization  may  be 
found.  And  since  the  life  and  spirit  of  modern  progress  flow 
largely  from  Teutonic  sources,  our  laws,  forms  of  local  gov- 
ernment, education,  and  social  life,  have  a  direct  continuity 
with  these  early  institutions ;  wherever  we  find  the  vitalizing 
process  of  modern  civilization,  there  we  recognize  the  effects 
of  the  "liberty  born  in  a  German  forest;"^  and  we  may  trace 


^E.  A.  Freeman. 
'  Montesquieu. 


4  Sjoanish  Institutions  of  the  Southwest. 

the  germs  of  American  institutions  in  the  customs  of  the  '^gen- 
erous barbarians."  ^ 

But  in  conceding  that  the  vital  forces  of  history,  especially 
those  that  appeal  most  directly  to  the  interests  of  human 
society,  are  of  Teutonic  origin,  it  must  be  remembered  that 
the  "  generous  barbarians  "  and  their  worthy  descendants  owe 
much  for  forms  of  government  and  administration  as  well  as 
for  processes  of  law,  to  the  Koman  civilization  that  preceded 
their  own ;  and  that  wherever  the  Romans  and  their  direct 
descendants  have  gone,  they  have  carried  with  them  their 
institutions,  which  will  continue  to  be  an  element  of  all  his- 
tory, and  an  ever  fruitful  source  of  study.  Spain's  chief 
contributions  to  the  New  World  consist  of  these  surviving 
Romanized  institutions,  and  within  the  territory  of  the  Amer- 
ican Republic  they  continue  until  this  day.  Yet  it  is  not 
surprising  that  the  study  of  Teutonic  institutions  as  they  have 
come  to  us  through  England,  has  ever  been  more  attractive  to 
students  of  history  than  the  fragmentary  results  of  Spanish 
occupation  in  the  New  World ;  for  the  living  issues  of  a  jiro- 
gressive  people  are  more  interesting  and  more  useful  than 
those  of  a  people  whose  power  has  declined  on  account  of 
inherent  characteristics  and  peculiar  conditions.  And,  more- 
over, the  history  of  the  institutions  of  our  own  stock  must 
always  invite  greater  attention  than  those  of  a  people  of 
foreign  race.  Consequently  the  investigation  of  our  rich 
heritage  of  Teutonic  institutions,  of  the  colonies  of  the  Atlan- 
tic sea-board,  has  been  extensive  and  thorough  and  productive 
of  the  best  results.  However,  of  late,  these  more  remote  ele- 
ments of  civilization  in  our  country  have  been  receiving 
greater  attention ;  for  they  represent  a  part  of  our  colonial 
life,  and  have  contributed  to  our  national  existence.  Now 
all  parts  of  the  historical  drama  played  upon  this  continent 
are  considered  essential  parts  of  American  history.  Intense, 
noble,  and  useful  as  tlie  life  of  the  English  colonies  on  the 


Hume. 


Introduction.  5 

Atlantic  coast  has  been,  powerful  as  has  been  its  influence  in 
nation-building,  the  far  west  and  south  presents  its  claim  as  a 
historical  factor  in  the  great  drama ;  and  to  this  extent  is 
entitled  to  the  consideration  of  the  true  scholar.  As  history 
continues  to  be  studied  for  the  truth  it  reveals,  every  branch 
of  organic  society  will  become  the  legitimate  field  of  the  his- 
torian ;  for  each  part  throws  some  light  upon  the  general 
whole  of  human  development.  But  at  any  event,  the  student 
should  not  pause  at  the  boundary  of  that  which  is  uninviting ; 
for  indeed  the  highest  civilization  is  characterized  by  forms  of 
enlightenment  and  shades  of  moral  barbarism  ;  and  while  our 
boasted  civilization  may  exalt  the  former,  it  cannot  escape  the 
latter.  The  causes  that  prevent  national  development  and 
eminent  success,  bring  their  own  valuable  and  peculiar  les- 
sons. The  relics  of  departed  greatness,  the  broken  fragments 
of  institutions,  and  the  maladies  that  consume  nations,  are 
the  rightful  subjects  of  the  student  of  history ;  as  well  as  are 
the  full  flush  of  victory,  the  permanency  of  development,  and 
the  glorious  life-forces  of  modern  progress.  Xor  should  the 
student  shrink  from  entering  this  field ;  for  the  adage  of  Goethe, 
"  Wer  fremde  Sprachen  nicht  kennt,  weiss  nichts  von  seiner 
eigenen,"  may  apply  with  equal  force  to  history ;  for  indeed, 
he  that  knows  not  the  history  of  other  countries,  knows  not 
the  history  of  his  own.  The  power  of  contrast  and  com- 
parison is  the  strength  of  the  study  of  history ;  and  in  this 
respect  it  includes  all  nations  and  societies  in  its  scope,  and 
has  for  its  interests  the  development  of  each  separate  society, 
and  the  welfare  of  humanity  at  large.  On  this  account  the 
study  of  Spanish  American  institutions  claims  our  attention  ; 
not  only  because  of  contrast,  but  especially  because  they  have 
to  do  with  the  development  of  our  nation. 

The  southwest  represents  the  connection  of  a  great  closed 
circuit  of  the  world's  civilization,  whose  first  foundations  were 
laid  in  the  early  institutions  of  Roman  and  Teuton.  Here 
two  great  streams  of  civilization  have  met ;  tlie  one  Romance, 
the  other  Teutonic.    The  former,  moving  first  and  more  rapidly, 


6  Spanish  Institutions  of  the  Southwest. 

having  passed  from  Rome  to  old  Spain,  and  thence  to  Mexico 
and  the  lands  of  the  north,  awaited  the  coming  of  the  latter, 
moving  from  the  northwest  throngh  Old  England  and  New, 
and  thence  across  the  continent.  As  the  latter  has  ever  been 
characterized  by  thorough  conquest  and  complete  reduction  of 
the  resources  of  nature,  and  the  former  by  loose  and  extended 
occupation  of  territory,  the  result  of  this  meeting  is  easily 
determined  by  the  general  judgments  of  history.  Descending 
like  an  avalanche  from  the  northwest,  the  sturdy  Anglo- 
Saxons  overpowered  and  dominated  the  Spanish  people,  who 
long  before  migrated  from  the  mother  country ;  and  now 
within  the  boundaries  of  the  United  States  are  slowly  absorb- 
ing or  crushing  the  last  remnants  of  the  institutions  of  this 
romance  people.  To-day  the  Anglo-Saxon  exults  in  the 
strength  of  a  predominant  and  united  nation,  while  the 
Spanish-American  yet  within  our  borders  deplores  the  failure 
of  his  people,  and  reflects  on  the  "  buenos  tiempos "  of  the 
Spanish  occupation. 

The  points  of  contact  of  these  two  systems  of  colonization, 
where  traces  of  the  old  institutions  of  Spain  yet  exist,  are 
easily  pointed  out ;  for  their  line  of  demarkation  is  very  dis- 
tinct. Florida,  Louisiana,  Texas,  New  Mexico,  Arizona,  and 
California,  represent  the  field  of  early  Spanish  occupation,  and 
the  territory  where  are  found  the  remains  of  old  Spanish 
institutions.  I  say  old  Spanish  institutions ;  for  it  is  the  fate 
of  colonies  to  preserve  the  older  institutions  of  a  nation,  while 
the  national  character  may  be  subject  to  greater  changes.  At 
present  the  influence  on  American  institutions  of  this  early 
occupation  is  very  slight;  in  the  older  states  quite  obliter- 
ated ;  on  the  Mexican  frontier  and  in  the  newer  states  quite 
distinct;  while  in  Mexico  we  find  the  old  forms  of  life  and 
government  crystallized  through  long  inactivity.  But  even 
here  the  modern  industrial  revolution  is  making  great  inroads 
upon  old  customs ;  and  we  shall  soon  hail  the  new  Republic, 
the  republic  of  railroads  and  engines,  of  arts,  industries,  and 
education.     In  Florida,  a  few  buildings  with  the  traces  of 


Introduction.  7 

early  Spanish  architecture,  a  few  Spanish  names  of  places, 
growing  comparatively  less  by  the  constant  addition  of  Eng- 
lish names,  and  a  small  Spanish  population,  recruited  by 
reason  of  the  contact  with  Cuba  and  the  surrounding  Spanish 
speaking  countries,  are  all  that  is  left  of  the  Spanish  domina- 
tion of  Florida  for  a  period  of  over  three  centuries.  Perhaps 
the  greatest  effect  of  this  domination  is  seen  in  the  slow  de- 
velopment of  the  country  in  educational  and  administrative 
lines.  For  in  the  Spanish  colonial  possession,  but  little  sys- 
tematized effort  was  expended  in  behalf  of  education. 

In  Louisiana,  a  country  of  Spanish  exploration  and  later 
domination,  we  find  that  Spanish  laws  are  on  the  statute 
books,  that  the  Spanish  system  of  administration  has  had  its 
influence  upon  the  present  system  of  government,  and  that 
Spanish  blood  flows  in  the  veins  of  many  of  the  inhabitants. 
Though  the  later  Spanish  rule  was  of  short  duration  in 
Louisiana,  it  was  distinctively  the  key  to  the  Spanish  occu- 
pations in  the  present  territory  of  the  United  States.  It  was 
a  hopeless  case  for  Spain  in  America,  when  Louisiana  was 
given  over  to  a  foreign  power.  Here  American  life  predomi- 
nates, as  do  American  laws  and  systems  of  administration. 

In  Texas,  once  a  part  of  Mexico  and  subsequently  an 
independent  republic,  we  should  naturally  look  for  the  most 
lasting  effects  of  Spanish  institutions ;  but  here  as  elsewhere 
there  are  but  few  traces.  A  few  laws,  mostly  obsolete,  are 
printed  on  the  statute-books ;  a  few  towns  that  retain  traits 
of  the  old  Spanish  life,  the  ruins  of  the  missions  and  build- 
ings of  the  early  padres,  a  few  half  civilized  Indians  as 
the  result  of  their  teaching,  and  the  use  of  the  language  on  the 
frontier,  are  the  chief  characteristics  of  this  former  Mexican 
province.  The  language  spoken  is  largely  ]\Iexican,  as  the 
old  Castilian  does  not  count  for  much  in  Texas.  A  few  fami- 
lies of  noble  blood  still  trace  their  lineage  to  the  early  Spanish 
colonists. 

Turning  now  to  New  Mexico,  we  find,  in  spite  of  the  rapid 
transformation  of  the  past  few  years,  more  distinct  traces  of 


8  Spanish  Institutions  of  the  Southwest. 

the  early  colonial  life.  For  over  three  ceuturies  the  Spanish 
people  dominated  this  country.  Here  the  language  is  spoken 
to  a  considerable  extent  by  Spaniards,  Mexicans,  Americans, 
and  Indians.  Some  of  the  towns  have  yet  the  appearance 
that  they  wore  a  century  ago,  while  under  the  Spanish  rule. 
The  old  adobe  buildings,  the  form  of  the  town,  and  its  gen- 
eral appearance  and  improvements,  all  speak  of  the  Spanish 
life  on  the  frontier.  The  work  of  the  missionaries  is  clearly 
visible,  not  only  in  the  remnants  of  the  buildings  that  they 
constructed,  in  the  predominance  of  the  religion  which 
they  taught,  but  in  the  eflfects  upon  the  Indians  whom  they 
instructed.  The  natives  speak  the  Spanish  language,  in  many 
instances  worship  according  to  the  Spanish  faith,  and  have  a 
civilization  somewhat  different  from  that  which  their  fathers 
possessed  prior  to  the  conquest.  Their  religion  is  semi-pagan 
and  semi-Christian ;  a  mixture  of  the  old  Indian  s.uperstition 
and  the  Christian  faith;  and  may,  perhaps,  be  a  grade  better 
than  the  old,  though  no  one  knows.  The  method  of  worship 
of  an  Indian  is  his  own  property,  whatever  he  may  say  or  do ; 
and  frequently  the  converted  have  only  exchanged  unorganized 
for  organized  superstition.  In  New  Mexico  are  evidences  of  the 
old  Spanish  grants  and  laws  of  settlement  as  w'ell  as  traces  of 
municipal  life,  both  in  the  Spanish  population  and  their  early 
subjects,  the  Indians.  Here  too  are  practical  results  of  the 
Spanish  domination  observed  in  the  endless  litigation  concern- 
ing the  land  titles  to  much  of  the  territory.  Another  marked 
feature  is  tlje  Spanish  names  of  towns  and  rivers,  and  the  words 
of  common  speech  that  have  been  Anglicised,  as  well  as  the 
continued  use  of  the  Spanish  language.  In  New  Mexico  the 
line  must  be  carefully  drawn  between  the  language  of  the  old 
Castilian  families,  and  the  common  speech ;  that  is,  between 
Spanish  and  Mexican. 

In  Arizona  but  little  is  to  be  noticed  of  Spanish  rule  beyond 
the  work  of  the  missionaries  in  early  times.  There  are  only 
two  remnants  of  churches ;  one  a  ruin,  and  the  other  a  grand 
example  of  the  early  achievements  of  the  fathers.     Arizona 


Introduction.  9 

was  the  field  of  the  early  explorers ;  but  the  Spanish  institu- 
tions did  not  take  so  firm  a  hold  in  this  territory  as  in  others. 
Many  of  the  modern  towns  have  a  Spanish  population  of  a 
late  immigration ;  and  one  may  hear  the  soft^  fluent  language 
spoken  to  a  considerable  extent. 

The  last  trace  of  a  vast  colonization  plan  of  the  Spanish  peo- 
ple was  in  the  occupation  and  settlement  of  California.  Cen- 
turies after  the  occupation  of  the  New  World  was  begun  under 
the  reign  of  Ferdinand  and  Isabella,  the  Spanish  nation  made 
its  last  great  effort  to  extend  its  territory  in  the  New  World. 
The  history  of  this  attempt  is  the  history  of  the  Spanish  occu- 
pation of  California,  which  really  closed,  so  far  as  institutions 
are  concerned,  with  the  American  conquest  of  California  in 
1845.  The  relics  of  this  occupation  have  been  prominent, 
although  they  are  now  fast  fading  away  before  the  onward 
march  of  the  invincible  American.  The  nomenclature  of  the 
country,  the  few  remaining  Castilian  families,^  the  rapidly 
declining  Mexican  population,  the  scattered  natives  still  recit- 
ing the  story  of  their  wrongs,  the  old  missions  wath  their 
characteristic  architecture  rapidly  crumbling  to  ruins,  the 
schools  and  colleges  that  have  been  their  natural  successors, 
laws  relating  to  the  holding  of  lands  and  the  legislation  con- 
cerning the  original  grants,  the  early  records  of  towns  and 
town  life ; — these  are  the  chief  remaining  points  to  remind  us 
of  the  previous  existence  of  a  civilization  crushed  by  its  own 
weight.  The  period  of  the  civilization  falls  Avithin  a  century ; 
but  let  us  not  look  upon  it  lightly,  though  it  has  proved  a 
failure ;  for  beneath  the  shadow  of  romance,  under  the  sur- 
face of  petty  and  ineffectual  political  management,  lies  the 


1 "  The  great  families  of  the  Spanish  pioneer  period  have  mostly  repre- 
sentatives at  the  present  day ;  some  of  them  have  retained  wealth  and 
influence,  especially  in  the  southern  counties  .  .  .  Most  of  the  old  families 
sank  into  obscurity,  and  it  is  now  difficult  to  trace  their  connections.  Only 
about  thirty  Spanish  families  of  California  have  retained  any  wealth  or  influ- 
ence."—Pioneer  Spanish  families  in  California,  Century  Magazine,  January, 
'91,  Charles  Howard  Shinn. 


10  Spanish  Institutions  of  the  Southwest. 

unmistakable  grandeur  of  a  great  pioneer  work.  Slow  and 
uncertain  as  the  work  of  colonizing  California  may  now  seem 
to  us,  the  Spanish  settlers  broke  the  virgin  soil,  faced  the 
perils  and  dangers  of  the  wilderness,  and  prepared  the  way 
for  a  newer  and  broader  civilization.  With  great  hardihood 
and  great  bravery,  these  early  founders  pushed  into  the  fron- 
tier countries,  and  exhibited  characteristics  which  are  truly 
heroic.  If  the  colonies  lacked  in  thrift  and  vigor  and  estab- 
lished a  system  that  ended  in  failure,  let  us  consider  on  the 
other  hand  the  almost  insurmountable  difficulties  that  they 
had  to  face  in  this  new  land,  and  the  impracticality  of  the 
home  government,  still  more  detrimental  to  their  interests. 
Certainly  we  must  acknowledge  that  this  early  colonial  life 
had  a  heroic  beginning,  though  we  must  record  for  it  a  gloomy 
and  humiliating  end. 

When  we  contrast  the  vigor  of  the  New  England  colonies 
on  the  Atlantic  sea-board,  when  we  consider  their  thrift,  the 
completeness  of  their  conquest,  their  steady  and  sturdy  growth 
to  wealth  and  power,  their  development  of  liberty  and  local 
government,  when  all  these  points  and  more  are  compared 
with  the  lack  of  these  sterling  qualities  in  the  Spanish  colo- 
nies of  the  Pacific  coast,  we  shall  have  little  reason  to  wonder 
at  the  results  of  such  dissimilar  conditions.  With  its  quali- 
ties of  bravery  and  hardihood  in  enduring  dangers,  we  must 
look  to  other  things  besides  the  Spanish  character  to  account 
for  the  wide  difference  in  these  two  groups  of  settlers.  The 
causes  of  their  failure  are  inherent  in  the  nature  of  the  condi- 
tions under  which  the  colonies  were  established.  Their  insti- 
tutions could  not  have  been  otherwise  than  evanescent,  while 
those  of  the  English  were  destined  by  their  very  nature  to 
become  permanent.  The  Spaniards  brought  the  natives  into 
a  semi-civilized  state ;  they  taught  them  agriculture  and  other 
arts  and  industries ;  they  instructed  them  in  the  tenets  of 
religion,  and  brought  them  under  the  influence  of  the  rudi- 
ments of  learning;  they  maintained  themselves  in  this  country 
for  nearly  a  century,  and  were  bringing  the  country  slowly 


Introduction.  11 

but  surely  under  the  influences  of  civilization.  In  view  of 
all  of  these  facts,  though  there  is  a  wide  difference  between 
the  English  and  the  Spanish  people,  we  must  accredit  their 
failure  more  to  the  conditions  under  which  they  labored,  and 
the  nature  of  their  institutions  and  laws,  than  to  the  character 
of  the  Spanish  colonists.  It  is  true  that  the  elements  of  the 
Spanish  nation  were  such  that  it  might  have  been  an  easy 
matter  to  predict  in  a  general  way  the  temperament  of  the 
Spaniard  of  the  sixteenth  century,  and  to  set  his  possibilities 
and  limitations.  But  no  one  could  predict  that  there  would 
be  imposed  upon  this  liberty-loving  people  an  abnormal  gov- 
ernment. No  one  could  see,  until  it  was  effected,  that  the 
illegitimate  government,  the  absolute  rule  of  princes,  would 
so  soon  extend  its  blighting  influences  to  every  foot  of  Spanish 
soil,  and  permeate  the  whole  Spanish  nation. 

While  Spain  was  developing  absolutism  and  the  inquisition 
with  one  hand  and  suppressing  the  liberty  of  the  people  with 
the  other,  England  was  developing  constitutional  liberty  and 
establishing  the  natural  rights  of  the  people.  The  Spanish 
colonies  were  the  direct  outcome  of  the  life  of  Old  Spain, 
characterized  by  the  suppression  of  permanent  advancement ; 
and  they  were  tainted  everywhere  with  the  evils  of  the  mother 
country.  On  the  other  hand,  at  the  time  of  the  planting  of 
the  New  England  colonies,  England  had  entered  into  the  era 
of  the  Puritan  revolution,  and  her  colonists  carried  with  them 
•the  foremost  ideas  of  liberty  then  existing  in  the  world ;  and 
in  addition,  sterling  characters  formed  in  actual  struggle.  They 
had  all  of  the  advantages  of  the  Puritan  spirit  and  character. 
The  attitude  of  England  toward  her  colonies  was  not  at  all 
beneficent.  She  cared  nothing  for  them,  or  only  so  far  as  they 
helped  her.  Her  motto  was  to  force  the  colonies  to  help 
themselves,  to  fight  their  own  battles,  and  then  to  assist  her. 
But  with  all  of  this,  her  treatment  was  more  favorable  to 
growth  than  that  of  Spain.  The  attitude  of  Spain  in  regard  to 
her  colonies  in  respect  to  the  aid  they  were  to  give  the  mother- 
country  was   similar  to  that  of  England ;    but  the  process 


12  Spanish  Institutions  of  the  Southwest. 

of  obtaining  this  end  was  entirely  different.  Spain  dealt 
paternally  with  her  colonies,  incorporated  them  and  their 
territory  into  the  government  and  the  territory  of  the  crown, 
and  for  fear  of  not  governing  enough  she  governed  too  much. 
The  result  was  that,  with  no  chance  for  self-development,  the 
colonies  became  very  dependent.  Thus  living  under  the  pro- 
tection of  the  mother-country,  curbed  in  every  desire  for  self- 
government,  crippled  in  trade  and  commerce,  and  suppressed 
in  individual  growth,  the  colonies  had  ever  before  them  an 
unproductive  life  and.  a  dismal  future,  and  failed  ultimately 
in  performing  that  for  which  *hey  were  created. 

The|Contrast  between  the  Spanish  and  the  English  colonies 
in  regar(J  to  the  development  of  civilized  life  in  America  has 
been  great.  Long  before  the  first  permanent  English  settle- 
ment had  been  made  on  the  Atlantic  coast,  the  Spanish  con- 
querors had  explored  the  continent  from  ocean  to  ocean  ;  and 
before  the  first  permanent  settlement  at  Jamestown,  they  had 
established  permanent  colonies  in  New  Mexico.  While  we 
realize  that  their  methods  were  not  calculated  to  establish 
permanency  of  development  in  the  new  territory,  we  can  not 
fail  to  admire  those  daring  explorers  who  traversed  so  far  the 
unknown  wilds  of  American  deserts  and  forests,  planting  with 
such  zeal  the  missions  and  colonies  that  floated  the  Spanish 
flag  over  so  many  lands.  But  the  accompanying  picture  is 
not  the  less  startling ;  that  while  the  English  colonies  were 
fighting  for  independence  and  were  so  far  advanced  as  to  form* 
a  separate  and  independent  nation,  the  Spaniards  were  trying 
to  extend  their  conquests  and  settlements  on  the  Pacific  coast, 
in  order  to  prevent  the  encroachment  of  foreigners.  Even 
while  the  I'epresentatives  were  jissembled  in  the  old  "State 
House "  at  Philadelphia  to  sign  the  declaration  which  called 
into  existence  a  free  and  independent  people,  a  little  company 
of  pioneers  were  waiting  at  the  entrance  of  the  Golden  Gate 
to  found  a  town.  That  town  was  founded  on  the  site  of  the 
city  that  now  guards  the  western  entrance  to  our  nation,  three 
thousand  miles  from  the  nation's  birth-place. 


Introduction.  13 

At  this  time  Spain  owned  the  whole  of  the  territory  west  of 
the  Mississippi  except  Oregon  and  Washington  ;  and  doubtless 
had  a  rightful  claim  to  these — a  territory  comprising  more 
than  two-thirds  of  our  present  domain.  Three-quarters  of  a 
century  after  this,  Spain  claimed  not  a  foot  of  soil  on  the  con- 
tinent, while  the  United  States  extended  from  ocean  to  ocean. 
The  rapid  decline  of  one  power  and  the  rise  of  the  other 
involve  many  interesting  questions  in  the  making  of  nations. 

The  history  of  the  English  colonies  and  of  our  own  national 
development  has  been  followed  with  such  care  and  skill  on 
the  part  of  the  historian  and  the  student,  that  it  remains  only 
to  present  the  other  side  of  the  contrast.  It  is  necessary  to 
enter  at  once  upon  a  careful  analysis  of  the  origin  and  develop- 
ment of  Spanish  institutions,  their  establishment  and  their 
decline  in  America.  The  institutions  of  other  countries  will 
be  used  only  as  auxiliary  to  the  accomplishment  of  this  pur- 
pose. The  development  of  the  Spanish  people  in  a  portion 
of  the  territory  of  the  United  States,  their  social  and  political 
institutions,  their  early  triumphs,  and  their  later  decline,  are 
the  themes  before  us.  To  accomplish  this  purpose  it  will  be 
necessary  to  consider  the  nature  of  the  Spanish  institutions  of 
the  Old  World  before  making  a  study  of  them  as  they  are 
found  transplanted  into  the  colonies.  In  ascertaining  the  true 
nature  of  the  Spanish  institutions,  it  seems  necessary  to  refer 
to  the  Roman  institutions  which  have  done  so  much  to  shape 
and  develop  Spanish  administration,  government,  and  law. 


CHAPTER  II. 
The  Roman  Origin  of  Spanish  Institutions. 

The  mixture  of  races  in  Spain  would  necessarily  lead  to  the 
development  of  original  political  and  social  institutions.  Yet 
the  constant  changes  wrought  through  repeated  conquests  by 
the  people  of  different  nationalities  leaves  room  for  the  pre- 
dominant influences  of  the  institutions  which  were  strongest 
in  constitution  and  most  practical  in  their  use.  Of  the  dis- 
similar social  elements  which  have  at  different  times  dom- 
inated Spain,  each  has  left  its  mark  upon  the  character,  life, 
and  institutions  of  this  ancient  country.  As  wave  after  wave 
of  conquest  rolled  over  the  Iberian  peninsula,  each  failed 
to  obliterate  entirely  the  institutions  of  its  predecessor.  Even 
the  ancient  Iberians,  mingling  with  the  Celts,  contributed 
to  the  vivacity  and  life  of  the  people ;  and  in  remote  dis- 
tricts left  distinct  traces  of  their  institutions. 

The  Phoenicians  and  the  Carthaginians,  who  conquered  the 
southern  parts  of  the  peninsula,  had  at  least  a  slight  influence 
upon  the  customs  and  laws  of  that  portion  of  the  territory 
occupied.  The  trading  stations  which  they  established  on  the 
coast  later  developed  into  thriving  cities,  and  long  retained 
their  original  customs.  The  Roman  domination  which  fol- 
lowed was  complete ;  and  the  distinctive  marks  of  the  earlier 
civilization  became  traceable  only  under  the  administration 
of  the  laws  and  government  of  the  "  Eternal  City."  The 
invasion  of  the  Teutonic  races  brought  with  it  customs  and 
laws  of  a  different  nature,  which  existed  side  by  side  in  the 
14 


The  Roman  Origin  of  Spanish  Institutions.  15 

new  Gothic  Kingdom.  On  the  same  soil  Teuton  and  Roman 
commingled  ;  and  the  higher  system  of  laws  finally  prevailed, 
while  every  institution  was  permeated  for  a  time  with  the 
spirit  of  German  freedom  and  lawlessness.  After  an  existence 
of  nearly  three  hundred  years,  the  Gothic  kingdom  went  down 
before  the  standard  of  the  Arab-Moor ;  and  consequently  the 
religion,  laws,  and  customs  of  this  oriental  people  prevailed 
for  several  centuries  in  the  fairest  portion  of  the  peninsula. 
But  with  all  of  their  learning  and  practice  in  the  arts  and 
sciences,  and  in  spite  of  their  wise  and  subtle  character,  they 
were  reconquered  in  the  name  of  Christianity  and  through 
a  rising  national  life,  by  the  same  people  whom  they  had 
formerly  subdued.  These  are  the  sources,  so  diverse  in  race, 
language,  customs,  and  laws,  out  of  which  arose  the  spirit 
that  remodelled  and  amalgamated  dissimilar  elements  to  form 
the  modern  Spanish  nation. 

When  all  of  these  combined  influences  are  recognized,  it 
must  be  affirmed  that  there  has  been  a  direct  continuity  of 
Roman  institutions  in  Spain  from  the  time  when  the  first 
colonies  were  planted  in  the  peninsula  to  the  present.  Although 
the  spirit  of  the  German,  in  its  persistent  declaration  for  liberty 
and  against  despotism  and  oppression,  has  had  great  influence 
in  making  the  Spanish  nation,  the  Roman  law,  government, 
and  system  of  administration,  as  well  as  the  Roman  muni- 
cipality and  religion,  have  been  the  predominating  influences 
which  have  shaped  the  national  polity.  It  is  to  the  Roman 
civilization  that  we  must  look  for  form  and  manner  of  pro- 
cedure ;  and  in  no  other  institution  is  this  more  evident  than 
in  the  methods  of  colonization  at  home  and  abroad,  adopted 
by  both  peoples. 

In  order  to  show  that  the  continuity  of  Roman  law  and 
custom  may  be  traced  to  the  Spanish  institutions  of  the 
present  day,  it  will  be  well  first  to  consider  what  kind  of 
institutions  Rome  carried  into  Spain,  to  what  extent  they 
obtained,  and  how  long  they  continued.  It  is  to  be  observed 
that  Spain  was  the  first  province  of  the  empire  to  be  com- 


16  Spanish  Institutions  of  the  Southwest. 

pletely  Romanized.  The  method  of  extending  the  Roman 
civilization  was  by  colonization,  voluntary  immigration,  and 
the  extension  of  the  provincial  administration.  By  these  pro- 
cesses a  country  was  soon  transformed  in  government,  law, 
language,  customs,  and  frequently  in  religion.  Immigration 
beoan  very  early  in  Spain ;  and  many  followed  in  the  wake  of 
the  army,  either  for  the  purposes  of  trade,  or  for  permanent 
settlement.  In  the  period  immediately  following  the  conquest 
by  Scipio,  from  the  year  196  to  169  b.  c,  more  than  140,000 
Italians  entered  the  province  of  Spain. ^  This  aided  greatly 
the  infusion  of  the  language,  r^ustoms,  and  institutions  of  the 
Romans.  Along  the  Mediterranean  coast,  the  indigenous 
population  and  that  of  the  Phoenicians  was  made  to  conform, 
under  the  republic,  to  the  customs  of  the  ruling  people.^ 
Under  imperial  reign,  through  colonization,  and  the  extension  of 
the  municipal  system  throughout  the  peninsula,  Spain  was  com- 
pletely Romanized.  Under  the  rule  of  Augustus,  there  were 
in  all  Spain  fifty  communities  with  full  citizenship ;  nearly 
fifty  others  up  to  this  time  had  received  Latin  rights,  and 
were  in  their  internal  organization  equal  to  burgess  com- 
munities.^ Some  of  the  earlier  towns  adopted  Roman  civili- 
zation long  before ;  thus  the  towns  of  Baetica  in  the  time  of 
Strabo  were  Roman  in  custom  and  speech.  On  the  occasion 
of  the  imperial  census  instituted  in  74  A.  D.,  the  Emperor 
Vespasian  introduced  the  Latin  municipal  organization  into 
the  remaining  towns  of  Spain.* 

But  it  was  through  colonization  that  the  Roman  institutions 
were  introduced  into  new  provinces.  In  all  colonization  it 
was  the  fundamental  idea  that  the  territory  colonized  must 
become  a  part  of  the  empire  and  be  subject  to  the  government 
of  Rome.  Whatever  laws  were  established  or  forms  of  gov- 
ernment granted,  they  must  emanate  from  the  central  authority 
at  Rome.    The  colonies  were  sent  as  the  offspring  of  the  parent 


^  Dui-uy,  II,  217.  s  Mommsen,  Roman  Provinces,  I,  68. 

»  Mommsen,  Roman  Provinces,  I,  68.      *  Marquardt,  lY,  258. 


The  Roman  Origin  of  Spanish  Institutions.  1 7 

government,  and  were  to  retain  their  filial  relation  indefinitely. 
Included  within  the  general  purpose  of  the  extension  of  terri- 
tory, there  were  in  the  Roman  policy  four  distinct  objects  of 
colonization ;  usually  one  of  the  four  objects  predominated, 
but  all  four  might  be  entertained  in  the  planting  of  a  single 
colony.  These  objects  were,  (1)  to  people  a  province  with 
persons  of  Roman  blood ;  (2)  to  guard  and  control  a  con- 
quered province ;  (3)  to  dispose  of  the  surplus  population  of 
a  city ;  and  (4)  to  settle  the  veteran  soldiery  whom  Rome  paid 
in  lands.  But  in  all  these  methods  of  settlement  one  idea  was 
never  lost,  the  idea  of  guarding  the  frontier.^  The  earliest 
colonies  of  Rome  were  purely  military  garrisons  sent  out  to 
occupy  the  territory,  to  keep  it  in  subjection,  and  to  guard  the 
frontier  against  invasion.  Cicero  terms  the  Roman  colony  of 
this  class.  Specula  populi  Romani  ac  propugnaculum}  Colo- 
nies of  this  nature  were  at  first  few  in  number,  and  confined 
to  the  colonies  of  the  Sabines  and  to  Latium ;  but  they  soon 
extended  over  all  Italy,  as  there  was  need,  continually  growing 
in  size  and  importance.  As  an  example  of  this  class,  there 
were  six  thousand  men  settled  in  Beneventum  to  guard  Cam- 
pania.^ These  military  colonies  developed  into  cities  where 
Roman  laws  and  customs  prevailed. 

As  Rome  continued  her  conquests  beyond  the  limits  of  the 
peninsula,  it  became  necessary  to  plant  colonies  for  the  sake  of 
retaining  her  sovereignty  over  partially  subdued  countries. 
In  the  Province  of  Spain  there  was  founded  at  Italica  (Old 
Seville),  by  Scipio's  veterans,  a  military  colony  which  developed 
at  a  later  date  into  a  flourishing  city,  the  birth-place  of  Tra- 
jan, Hadrian,  and  Theodosius.  Somewhat  later,  in  171  b.  c, 
another  colony  of  the  same  nature  was  established  at  Carteia ; 
but  as  the  colony  was  formed  of  families  of  a  mixed  race,  it 
had  Latin  right  only.*     The  Senate  had  not  yet  sent  citizens 


^  Arnold,  Roman  Provincial  Administration,  218. 
*  Cicero,  Pro  M.  Fonteio,  I,  33. 

^  Duruy,  History  of  Rome,  I,  490.  *  Duruy,  History  of  Rovie,  11,  217. 

2 


18  Spanish  Institutions  of  the  Southivest. 

to  settle  in  the  provinces,  and  it  was  not  until  after  the  pas- 
sage of  the  law  of  Gracchus  (lex  Sempronia  agraria),  which 
had  for  its  chief  object  the  relief  of  over-populated  Rome  and 
the  provision  of  laud  for  the  poor,  that  any  move  was  made 
to  form  colonies  of  citizens  in  the  provinces.^  The  plan  of 
Caius  Gracchus  for  trans-marine  colonies  failed  during  his 
lifetime ;  but  in  after  years  it  was  carried  out  with  good  results. 
In  122  B.  c,  he  set  out  with  6,000  colonists  to  found  a  colony 
at  Carthage,  which  he  called  Junonia.^  A  burgess  town  with 
full  Roman  rights  was  established;  but  during  the  absence 
of  Caius,  his  enemies  brouglit  influences  to  bear  which 
caused  the  repeal  of  the  land-law  during  the  following  year, 
and  the  new  colony  was  without  the  support  of  the  central 
government.  The  colonists,  though  disfranchised,  continued 
to  claim  their  holdings ;  and  in  later  years  the  colony  was  in 
a  flourishing  condition.  This  was  the  first  burgess  town 
founded  as  a  colony  outside  of  Italy,  although  others  were 
begun  before  this  became  firmly  established.  In  118  B.  C, 
the  "  Colonic  Narbo  Martius,"  called  Narbonensis,  was  per- 
manently established  in  Gaul.  In  nature  and  object  it  par- 
took more  of  the  form  of  a  military  out-post  than  of  a  civic 
colony;  but  it  had  a  burgess  population  with  full  Roman 
rights.^ 

In  the  latter  part  of  the  first  century  before  Christ,  foreign 
colonization  was  carried  on  extensively.  At  this  period  Csesar 
founded  many  colonies,  and  established  not  less  than  80,000 
citizens  in  the  different  colonies  outside  of  Rome,  many  of 
whom  were  sent  to  Spain  and  Gaul.*  Augustus  continued  the 
colonization  so  vigorously  prosecuted  by  Csesar ;  the  majority 


^  Marquardt,  Bomische  Staatsvei-waltung,  Handbuch  der  romischen  Alterthilmer, 
IV,  106. 

^'Mommsen,  History  of  Rome,  III,  110,  133;  Plutarch,  IV,  542;  Ihne,  IV, 
456,  473-4. 

^  Marquardt,  Bomische  Staatsvenvaltung,  Handbuch  der  romischen  Alterthiimer, 
IV,  262. 

*  Arnold,  Boman  Provincial  Administration,  218. 


The  Roman  Origin  of  Spanish  Institutions.  19 

of  the  colonies  founded  by  him  were  of  a  military  nature  and 
created  for  the  purpose  of  disposing  of  the  army  veterans.' 
Frequently  other  colonies  Avere  formed  than  those  sent  out  bv 
Rome,  by  admitting  the  towns  of  the  province  to  the  rights 
and  privileges  of  the  colonies;  although  sometimes  the  inhabi- 
tants of  the  towns  were  expelled  to  give  room  to  Roman 
colonists.  And  again  Roman  colonists  would  be  added  to  the 
already  existing  population,  and  the  town  would  thus  receive 
the  rank  of  colony.^  When  this  was  the  case,  dissensions 
often  arose,  which  led  to  a  struggle  for  supremacy ;  and  this 
usually  ended  in  giving  to  the  original  inhabitants  larger  privi- 
leges, though  sometimes  it  produced  results  just  the  opposite. 
But  wherever  Romans  went,  there  went  the  Roman  govern- 
ment, and  the  Roman  law  and  system  of  administration  ;  and 
as  far  as  possible,  the  recognition  of  the  provincial  towns  as 
parts  of  Rome  seems  to  have  been  a  distinct  policy.  Whether 
the  town  was  formed  on  a  civil  or  military  basis,  it  was  still 
a  type  of  old  Rome,  an  integral  part  of  the  empire.  Even  in 
the  founding  of  the  town,  Rome  was  imitated ;  and  muni- 
cipal life  and  municipal  custom,  as  well  as  municipal  law  and 
administration,  were  taken  directly  from  the  parent  city.^ 
From  the  moment  of  the  conquest,  the  Romans  appropriated 
all  of  the  royal  domain  and  frequently  part  of  the  common 
lands ;  and  in  some  instances  they  appropriated  the  whole 
territory  of  the  conquered,  which  thus  at  once  became  Roman 
domain.  The  inhabitants  were  allowed  to  hold  these  lands 
as  tenants  of  the  state,  and  were  obliged  to  pay  taxes  (one- 
tenth)  on  the  land,  a  personal  tax,  duties  and  royalties,  and 
were  also  required  to  furnish  requisitions  when  demanded.* 
On  the  other  hand,  the  colonists  were  Roman  citizens,  and 
might  if  they  desired,  go  to  Rome  and  exercise  their  rights  as 
such.  They  were  also  free  from  the  tribute  on  land,  but  must 
fill  all  requisitions  made  by  the  central  government  in  time  of 


1  Marquardt,  IV,  118.  '"'  Arnold,  218. 

='  Arnold,  220.  ''  Duruy,  II,  239. 


20  Spanish  Institutions  of  the  Southwest. 

war.  Though  the  colonists  were  Koman  citizens,  they  could 
not  own  the  land  which  they  occupied,  but  held  it  as  a  fief 
from  the  state.  AVheu  the  officer  (agrimensor)  appointed  for 
the  purpose  led  out  a  colony,  he  chose  a  tract  of  land,  divided 
it  into  squares  (centuriae)  of  two  hundred  acres  each,^  which 
were  again  subdivided  into  smaller  ones  (sortes),  and  appor- 
tioned with  the  houses  to  the  colonists  according  to  rank,  to 
be  held  as  above  stated.  Thus  the  inequalities  of  old  Rome 
were  transferred  to  the  colonies.  At  first  the  method  of  dis- 
tribution varied  ;  but  it  is  held  that  Csesar  established  a  norm 
for  the  apportionment  on  lands  in  the  several  colonies.  As  to 
the  internal  workings  of  the  colony,  the  Roman  right,  or  the 
Latin  right,  was  a  meagre  affair  as  far  as  an  independent 
organization  of  the  municipium  was  concerned.  It  received 
its  municipal  law  from  the  Roman  senate,  and  its  whole  form 
and  process  of  administration  were  derived  from  the  mother 
country.  There  were  senators,  or  decuriones,  consuls  called 
duumvirs,  and  censors,  or  duumviri  guinqu£nnales.^  But  with 
all  of  this,  a  certain  amount  of  civil  and  military  power  was 
delegated  to  local  authority,  and  as  the  central  power  at  Rome 
declined,  the  towns  tended  to  develop  some  originality  in  gov- 
ernment. 

There  is  one  class  of  Roman  towns,  formed  by  the  estab- 
lishment of  garrisons  throughout  the  provinces  for  the  sake 
of  guarding  the  frontiers,  which  are  of  such  historic  interest 
as  to  deserve  special  attention,  although  they  have  been 
already  alluded  to.  This  class  is  represented  by  the  line  of 
forts  on  the  mark,  or  boundary  of  a  nation,  which  became 
frontier  cities,  and  frequently  the  foremost  of  the  land.  We 
shall  find  Spain  following  the  same  policy  in  the  nineteenth 
century.  Whenever  it  became  necessary  for  the  protection  of 
the  Roman  interests  or  the  repression  of  a  warlike  people,  a 
chain  of  fortresses  was  established  along  the  frontier  or  in 


1  Arnold,  219.  s  Arnold,  223  et  seq. 


The  Roman  Origin  of  Spanish  Institutions.  21 

the  heart  of  the  territory  of  the  offending  people.^  But 
whether  planted  on  the  boundary  line  of  the  Roman  posses- 
sions or  in  the  midst  of  a  disaffected  people,  the  primary 
object  of  these  garrisons  was  to  protect  Rome.  Examples  of 
these  garrisoned  towns  are  those  military  settlements  founded 
among  the  Silures  in  Britain,  and  the  later  colonies  established 
by  Agricola.^  Another  notable  example  is  the  line  of  for- 
tresses established  by  Csesar  in  Gaul  on  the  boundary  of  the 
Narbonensis  ;  ^  other  familiar  examples  are  the  line  of  presidia 
in  Spain,  and  the  forts  along  the  Danube.  The  development 
of  towns  from  these  military  centres  must  have  been  very 
gradual ;  the  military  camp  changing  first  into  a  village,  and 
then  into  a  municipium  or  a  colony.^  There  is  but  little 
distinction  between  these  terms ;  in  a  general  sense  they  may 
be  used  interchangeably,  although  the  colony  was  of  a  higher 
order  than  the  municipium,^  having  been  sent  out  by  Rome, 
and  having  been  granted  full  civil  privileges  from  the  start. 
However,  a  municipium  might  become  a  colony ;  and  in  fact 
a  town  might  partake  of  the  nature  of  the  municipium  and  of 
a  colony  at  the  same  time.^  It  was  customary  for  the  camp- 
followers,  such  as  sutlers,  settlers,  and  merchants,  to  pitch  their 
tents  outside  of  the  ramparts,  where  thus  a  small  community, 
more  or  less  united,  sprang  up.  If  the  camp  remained  in  one 
place  for  a  long  ttme,  as  was  frequently  the  case,  the  village 
grew  rapidly,  and  finally  became  a  Roman  town  with  all 
the  rights,  duties,  and  privileges  of  Roman  citizenship  attached. 
The  soldiers  usually  intermarried  with  the  surrounding  people 
and  became  attached  to  the  soil,  or  they  brought  their  families 
with  them  and  thus  became  permanent  settlers.  There  were 
other  species  of  military  colonies  :  first,  those  that  were  estab- 
lished by  Rome  from  the  beginning,  as  when  a  whole  army 


^  Londinium,  Tacitus,  Annals,  XIA'^,  33. 

'  Merivale,  History  of  Borne,  VI,  30-31. 

» Be  Bello  Oallico,  VII,  8.  *  Arnold,  206. 

5  Aulus  Gellius,  yodes,  Atticae,  XVI,  13. 

®  Duruy,  History  of  Rome,  II,  242. 


22  Spanish  Institutions  of  the  Southwest. 

was  retired  to  subdue  the  country ;  and  second,  the  colonies 
formed  by  retired  veterans  who  were  given  lands  in  payment 
for  services,  or  as  pensions,  and  were  paid  according  to  their 
rank.  The  nature  of  these  colonies  differed  chiefly  as  to  the 
process  of  formation  ;  although  the  ceremonies  in  the  distribu- 
tion of  the  land  at  the  founding  of  a  colony  were  uniform  in 
all  cases.  But  it  is  not  possible  to  pursue  this  part  of  the 
subject  further  than  barely  to  indicate  the  Roman  method  of 
colonization. 

The  provincial  system  of  administration  in  the  Roman 
government  had  during  its  organization  under  the  Republic, 
many  marks  of  excellence.  It  was  the  policy  of  the  Roman 
Senate  never  to  destroy  people,  cities,  and  institutions,  unless 
it  was  deemed  necessary  for  the  present  or  future  safety  of  the 
Republic.  The  policy  was  economic  rather  than  humane; 
for  a  depopulated  town  pays  no  tribute,  and  furnishes  no 
recruits.  The  people  conquered  were,  as  a  rule,  allowed 
to  retain  their  own  religion,  their  laws,  their  magistrates,  and 
their  public  assemblies.^  They  were  left  in  possession  of  a 
part  of  their  lands  and  revenues.  When  the  country  first 
submitted  to  Rome,  a  constitution  was  given  to  the  peo- 
ple, fixing  the  amount  of  tribute  to  be  paid  and  defining  their 
obligations  to  the  new  government ;  and  that  order  might  be 
the  sooner  restored,  the  people  were  given  a  new  civil  code, 
which  retained  as  far  as  possible  the  old  forms  of  municipal 
government.^  By  degrees  the  territory,  its  laws  and  people, 
were  Romanized.  The  governor  was  the  chief  ruler  in  the 
province ;  municipal  authority,  except  in  cases  of  towns  granted 
special  privileges,  was  reduced  to  a  minimum,  and  the  vestiges 
of  a  provincial  assembly  were  removed  by  the  policy  of  "divide 
et  impera."  ^ 

The  Roman  provinces  in  Spain  were  of  rather  a  loose 
organization,  and  it  seems  that  there  was  no  connecting  link 


1  Duruy,  II,  227  ;  Tacitus,  Annals,  III,  60-63. 
^Duruy,  II,  229.  •'Arnold,  17. 


The  Roman  Origin  of  Spanish  Instituiions.  23 

between  the  imperial  power  represented  by  officers  sent  out 
from  Rome,  and  the  local  government  of  towns.  Except  in 
form,  no  representative  body  of  the  province  existed ;  conse- 
quently the  power  of  the  governor,  who  was  called  either 
proconsul  or  praetor,  was  almost  absolute.^  He  was  appointed 
at  first  by  the  senate,  later  by  the  Emperor  of  Rome  ;  and  ful- 
filled his  duties  as  an  agent  of  the  Roman  government.  As 
the  power  of  the  home  government  declined,  the  imperial 
officers  became  more  and  more  independent,  and  the  govern- 
ment of  the  provinces  was  more  absolute  than  the  home  gov- 
ernment. The  governors  were  in  the  position  of  monarchs. 
The  officers  that  were  appointed  to  assist  the  governor  were 
also  of  the  home  government.  The  policy  was  to  extend  the 
rule  of  the  City  over  the  wliole  empire ;  consequently  every 
new  territory  conquered  was  considered  a  part  of  the  Roman 
Empire  or  Republic.  But  though  the  whole  province  or 
country  conquered  was  considered  as  belonging  to  Rome,  not 
all  of  the  lands  were  confiscated  by  the  conquerors.  As  a  rule 
the  public  lands  of  conquered  peoples  became  Roman  Lands, 
and  the  private  lands  of  public  enemies  of  Rome  were  also 
confiscated.  All  other  lands  were  subject  to  taxation,  except 
in  the  cases  of  free  or  privileged  towns.  This  Roman  domin- 
ation of  civil  law  and  administration  rapidly  transformed  the 
simple  customs  and  laws  of  the  people  to  the  more  dignified 
administration  of  the  Roman  government,  whose  influence  on 
political  life  was  strong  and  uncompromising. 

But  there  were  other  methods  used  in  Romanizing  Spain. 
Peaceful  intercourse  carried  on  what  war  and  politics  had  be- 
gun.^ The  intercourse  of  the  Italians  with  the  Spaniards  in 
trade  and  commerce,  brought  into  the  province  Roman  money 
and  Roman  Language.  There  was  a  constant  influx  of  the 
Italian  nations  which  continued  to  transform  manners,  customs, 
and  laws.    Even  the  habits  of  dress  and  modes  of  life  followed 


1  Arnold,  48. 

'  Mommsen,  The  Provinces  of  the  Roman  Empire,  I,  70,  73. 


24  Spanish  Institutions  of  the  Southwest. 

the  Romau  methods.  The  introduction  of  the  Italian  munici- 
pal law,  one  of  the  most  enduring  monuments  of  Rome,  helped 
to  complete  this  transformation ;  for  the  old  towns  were  then 
admitted  to  the  Roman  rights  with  the  usage  of  the  Roman 
law,  and  the  new  towns  and  colonies  were  formed  after  the 
Roman  model. 

But  nowhere  is  the  transformation  of  Spain  more  marked 
than  in  the  spread  of  the  Christian  religion.^  In  the  study 
of  mediaeval  institutions  in  any  part  of  Europe,  the  student 
must  not  overlook  the  effects  of  religion.  They  are  seen 
everywhere ;  in  the  modification  of  the  old  laws,  and  in  the 
construction  of  the  new  ones ;  in  the  influence  on  the  moral 
and  religious  conduct  of  individuals,  and  in  the  effects  of  the 
establishment  of  justice.  The  priest,  posing  as  a  scribe  in 
compiling  laws,  was  educated  under  the  influence  of  Rome, 
and  not  infrequently  modified  these  laws  to  conform  to  the 
Roman  type.  And  again,  as  the  church  posed  as  a  tribunal 
to  try  offenders  against  the  moral  law,  its  officers  came  in 
direct  contact  with  the  civil  law  and  its  administration  ;  con- 
sequently the  powerful  organization  of  the  church  had  great 
influence  in  shaping  public  affairs.  By  degrees  the  religion 
of  the  indigenous  population  was  replaced  almost  entirely  by 
the  Christian  religion,  which  gave  it  great  importance  in  the 
development  of  society. 

Thus  in  language,  literature,  religion,  law,  administration, 
municipality,  customs  of  dress,  and  habits  of  life,  trade,  com- 
merce, and  organization,  Spain  became  Romanized.  During 
the  Roman  domination  it  is  evident  that  almost  the  entire 
province  yielded  to  the  civilization  of  the  conquered.  It  can 
be  conclusively  shown  that  this  Roman  life  continued  with 
slight  modifications  down  to  the  time  of  establishment  of  the 
modern  nation,  and  even  to  the  organization  of  the  Spanish 
colonies  of  America.     Not  only  was  there  a  continuity  of 


^  Guizot,  History  of  Civilization,  II,  55  et  seq. ;  Dunham,  History  of  Spain  and 
Portugal,  I,  196. 


The  Roman  Origin  of  Spanish  Institutions.  25 

Roman  institutions,  but  they  were  essential  to  the  foundation 
of  the  Spanish  monarchy.  The  Spanish  people,  naturally  con- 
servative, retained  their  adopted  language,  customs,  laws,  and 
administration,  notwithstanding  the  rude  shock  of  Saracen  and 
Teutonic  invasion,  and  the  wasting  influences  of  time.  At  least, 
these  elements  furnished  the  material  for  the  new  structures. 

Spain  is  noted  for  the  number  and  variety  of  its  codes  of 
law.  ^  So  regularly  have  these  compilations  been  made,  and 
with  such  thoroughness,  that  it  may  be  said  that  they  repre- 
sent the  best  part  of  the  history  of  the  Spanish  people.  "When 
the  Goths  conquered  the  province  in  the  fifth  century,  they 
brought  with  them  customs  and  ideas  of  government  which 
were  anti-Roman  in  every  respect.  The  old  spirit  of  Teutonic 
freedom  was  manifested  in  them,  and  the  right  of  choice  in 
the  selection  of  a  king  still  prevailed.  They  also  practiced 
the  system  of  individualistic  government  so  common  to  all 
Germanic  tribes.  No  sooner  were  the  Goths  well  established 
in  their  new  home  than  there  began  a  struggle  for  predomi- 
nance of  institutions,  the  Teutonic  and  the  Roman ;  and  this 
struggle  resulted  in  the  toleration  for  a  long  time  of  both 
systems  of  law,  one  for  each  people,  dwelling  side  by  side. 

The  first  code  of  laws  in  Spain  after  the  decline  of  the 
Roman  supremacy  was  that  of  Euric  (466-483),  supposed  to 
have  been  compiled  during  the  latter  part  of  the  fifth  century. 
It  was  a  compilation^of  the  ancient  customs  of  the  Goths,  and 
for  nearly  two  hundred  years  had  an  important  function  in 
the  government.  Alaric,  the  successor  of  Euric,  who  was 
killed  by  Clovis,  collected  and  published  the  laws  of  the 
Romans,  as  then  practiced  in  Spain  and  Gaul,  in  a  code  called 
the  Breviarium.2  Thus  the  law  of  the  barbarians  and  4;he  law 
of  the  Romans  were  entirely  distinct ;  and  each  people  was 
governed  by  its  own  law.     At  the  middle  of  the  seventh  cen- 


^  Dunham,  History  of  Spain  and  Portugal,  IV,  71. 

^Guizot,  History  of  Civilization,  II,  218  (Breviariura  Alaricianum  or  Lex 
Eomana  Visigothorum). 


26  Spanish  Institutions  of  the  Southwest, 

tury,  at  the  time  when  the  Goths  were  driven  out  of  France, 
their  King,  Chindasunithe  (642-701),  united  the  two  codes 
in  one,  by  which  the  entire  people  were  governed.  This 
remarkable  code  was  published  under  the  title  of  "  Forum 
Judicura,"  appeared  later  as  the  "Liber  Judicum,"  and  is 
commonly  known  as  the  "Fuero  Juzgo."  It  is  said  by  jurists 
to  be  the  source  of  Spanish  jurisprudence.^  This  code  was 
based  upon  the  Roman  law,  the  constitutional  fueros  of  the 
kings  and  lords,  and  their  decrees  respecting  civil  and  crimi- 
nal laws  and  the  rights  and  the  administration  of  municipali- 
ties. It  represented  the  power  of  the  Gothic  monarchy  and 
the  usefulness  of  Roman  jurisprudence.  The  "  Forum  Judi- 
cum "  was  the  result  of  the  councils  of  Toledo  in  wdiich  the 
interests  of  the  whole  country — the  clergy,  the  lay  aristocracy, 
royalty,  and  the  people  were  represented.^  In  this  fact  is 
illustrated  the  power  of  the  clergy ;  for  at  the  councils  of 
Toledo,  as  well  as  throughout  Spain,  at  this  period,  all  other 
classes  were  grouped  about  the  clergy.  The  councils  were 
national  assemblies  in  which  the  aifairs  of  the  country  were 
debated  and  laws  were  readjusted.  "What  the  field  of  Mars 
or  May  was  to  the  Franks,"  says  Guizot,  "  what  the  Witten- 
agemote  to  the  Anglo-Saxons,  and  what  the  general  assembly 
of  Pavia  was  to  the  Lombards,  such  were  the  councils  of 
Toledo  to  the  Visigoths  of  Spain."  ^  The  Fuero  Juzgo, 
formed  by  the  amalgamation  of  the  Gothic  and  Roman  laws, 
represented  the  rights  of  humanity,  the  duties  of  government, 
and  the  interests  of  the  people ;  but  it  was  without  the  ordi- 
nary checks  on  authority.  In  it  the  traces  of  Teutonic  society 
have  disappeared  and  the  Roman  principles  predominate. 

This^  close  union  of  the  Gothic  and  the  Roman  codes  has 
resulted  in  a  vast  system  of  administration,  "  semi-ecclesiastical 
and  semi-imperial,"  dominating  all  society,  and  forming  the 


^  Kockwell,  Spanish  and  Mexican  Law,  9. 
-Guizot,  History  of  Civilization,  II,  219. 
^Guizot,  History  of  Civilization,  II,  219. 


The  Roman  Origin  of  Spanish  Institutions.  27 

main  support  of  a  Gothic  monarchy  that  grows  daily  more 
absolute.  From  this  time  forth,  religious  and  civil  imperialism 
was  the  characteristic  mark  of  the  Spanish  government.  The 
whole  of  the  code  has  never  been  repealed  ;  and  notwithstand- 
ing frequent  compilations,  it  still  remains  the  corner-stone  of 
Spanish  jurisprudence.  The  domination  of  the  Arab-]\Ioors 
failed  to  obliterate  it ;  and,  in  truth,  its  principles  prevailed 
throughout  the  entire  legal '  history  of  the  nation.  It  must 
not  be  inferred  that,  because  the  Roman  principle  predomi- 
nated in  early  codes,  the  Teutonic  life  ceased  to  have  in- 
fluence. "  Fourteen  centuries  of  revolutions  and  changes  of 
every  kind,  so  common  to  the  government  of  this  peninsula," 
says  Sempere,  "  have  not  yet  entirely  extinguished  the  spirit 
which  the  founders  of  the  Gothic  monarchy  imparted  to  its 
inhabitants.  Many  of  the  usages  and  customs  introduced  by 
the  barbarians  are  still  preserved."  ^  Yet  it  must  be  main- 
tained that  their  most  enduring  work  is  seen  in  the  formula- 
tion and  use  of  the  Roman  law  as  the  foundation  of  Spanish 
jurisprudence.  However,  side  by  side  with  these  principles, 
are  recorded  the  old  constitutional  rights  of  the  Teuton.  Law 
second  of  the  preliminary  title  asserts,  "  Thou  shalt  be  king 
if  thou  doest  right,  and  if  thou  doest  not  right  thou  shalt  not 
be  king."  ^  The  Cortes  of  Spain  attempted  to  formulate  this 
same  principle  in  the  constitution  of  1812. 

It  is  not  necessary  to  discuss  the  numerous  legal  codes  of 
Spain  which  appeared  from  time  to  time,  mostly  in  the  form 
of  compilations  or  fueros  of  the  king.  Those  of  the  latter 
class  were  frequent,  and  of  almost  every  description.  The 
term  fuero  has  various  significations  in  both  ancient  and 
modern  jurisprudence.^  It  may  mean  a  decree,  a  law,  a 
charter,  or  a  code  granted  by  the  sovereign.  Used  in  its 
specific  sense,  it  represented  the  documents  granted  by  a  lord 


^  Hist,  del  Derecho  Espafiol,  35  (Quoted  by  Schmidt  in  Civil  Law  of  Spain 
and  Mexico,  21). 

^  Schmidt,  34.  *  Schmidt,  Civil  Law  of  Spain  and  Jlexico,  64. 


28  Spanish  Institutions  of  the  Southwest. 

or  a  king  to  a  municipality,  securing  to  it  certain  rights  and 
privileges  conformable  to  the  constitution.^  The  fueros  were 
a  fruitful  source  of  law,  and  represented  the  principal  addition 
for  many  centuries  after  the  formation  of  the  Fuero  Juzgo. 
But  each  new  law  or  decree  represented  only  an  addition  to 
the  general  code.  Among  the  more  important  codes  of  this 
general  nature  were  the  Fuero  Viejo  de  Castilla,  and  the  Fuero 
Real.  These  were  all  granted  prior  to  the  famous  Siete  Par- 
tidas  of  the  thirteenth  century,  and  represent  the  growth  of 
the  power  of  the  Spanish  monarchy.  The  old  imperialism  of 
Rome  was  fast  changing  the  Teutonic  elective  king  into  a 
hereditary  monarch  with  unlimited  authority.  Of  the  early 
legislation,  the  Siete  Partidas  was  the  last  formal  act  of  the 
incorporation  of  the  Roman  law  into  the  laws  of  Spain,  It 
was  proposed  by  Alfonso  the  Wise,  who  collected  or  caused  to 
be  collected  the  laws  of  Spain  from  many  sources.  It  has 
been  asserted  that  this  code  was  similar  in  arrangement  to  the 
Pandects  of  Justinian  ;  and  this  is  easily  accounted  for  when 
we  consider  that  the  compilers  were  the  learned  scholars  of 
Salamanca.  Alfonso  X.  began  a  reform  by  encouraging  the 
study  of  Roman  law  at  the  University  of  Salamanca,  where 
he  created  three  chairs  for  its  instruction,  and  caused  several 
manuals  to  be  compiled  for  the  students.  The  Roman  law 
was  found  favorable  to  the  unity  of  the  country  and  to  abso- 
lute monarchy ;  and  it  was  his  purpose  to  make  a  general  use 
of  its  most  favorable  parts  to  strengthen  the  government  of 
his  kingdom.  Consequently,  the  Siete  Partidas  did  not  neg- 
lect to  make  free  use  of  the  Pandects.  It  was  formed  from 
(a)  the  ancient  customs  of  Spain,  (6)  the  Roman  laws,  (c) 
the  canon  law,  and  (d)  the  writings  of  the  fathers  and  quo- 
tations from  various  sages.^  The  law  was  promulgated  in 
the  year  1263;  but  was  not  formally  adopted  until  1348,  dur- 
ing the  reign  of  Alonzo  XI,  when  it  was  sanctioned  by  the 


^Rockwell,  Spanish  and  Mexican  Law,  9.  ^Rockwell,  12. 


The  Roman  Origin  of  Spanish  Institutions.  29 

Cortes  held  at  Alcala  de  Henares.^  From  time  to  time  it  was 
recognized  by  the  Cortes,  and  by  the  authors  of  various  com- 
pilations that  followed,  as  the  standard  law  of  the  land.  The 
Siete  Partidas  (seven  parts),  is  a  thorough  and  philosophical 
treatise ;  and  although  it  did  not  occupy  the  highest  legal 
position,  it  remained  the  authority  to  which  eases  not  covered 
by  special  legislation  were  referred.  Daring  the  domination 
of  the  Moors,  the  laws  of  Spain  remained  in  force  in  most 
instances,  although  interrupted  in  their  action  by  the  tribal 
bands  that  held  sway  over  the  land.  And  it  may  be  said  that 
the  Teutonic  customs  grew  to  have  less  and  less  influence  in 
law,  and  the  Roman  law  more,  as  the  kings  continued  to  issue 
their  decrees  for  the  control  of  the  people.  The  feudal 
system,  which  prevailed  to  a  considerable  extent  at  first,  did 
not  strengthen  royalty ;  but  in  the  final  settlement  of  power 
it  increased  imperialism  in  law  and  government.  Thus  the 
Roman  law  prevailed  until  long  after  the  setting  forth  of  the 
laws  of  the  Visigoths,  and  then  coalesced  with  the  latter. 
There  were  added  to  this  portions  of  canon  and  feudal  laws, 
and  the  municipal  decrees ;  from  all  of  these  sources  arose 
the  actual  jurisprudence  of  Spain.^  Notwithstanding  its 
various  modifications,  the  direct  influence  of  the  Roman  law 
never  ceased,  even  in  modern  jurisprudence. 

But  the  municipal  system  was  to  Spain,  as  well  as  to  other 
European  nations,  the  great  legacy  bequeathed  by  Rome. 
Amidst  all  the  changes  to  which  mediaeval  institutions  were 
subjected,  the  Roman  municipality  was  continuous.  It  has 
been  shown  above  that  the  municipal  system  was  carried  into 
Spain  at  an  early  date,  and  that  municipal  law  prevailed  there 
quite  extensively.  There  was  little  direct  evidence  of  the  real 
nature  of  this  municipal  law,  beyond  that  it  was  Roman, 
until  the  recent  discovery  (1857)  of  the  tablets  containing  the 
constitutions  of  the  towns  of  Malaga  and  Salpensa  in  the 
ancient  province  of  Baetica.     These  tablets  have  done  much 


1  Schmidt,  74.  '  Schmidt,  10,  11 . 


30  Spanish  Institutions  of  the  Southwest. 

to  clarify  the  ideas  already  existing  concerning  the  provincial 
administration.  The  municipal  charters  were  granted  in  the 
time  of  Hadrian,  and  represent  the  full  Roman  rights  granted 
to  the  burghers  of  the  towns.  The  provincial  Roman  towns 
had  the  curia,  decuriones,  duumvirs,  and  aediles;  and  these 
officers  correspouded  to  those  of  the  central  city.^  Each  cor- 
poration regulated  its  internal  affairs  through  officers  elected 
by  the  citizens  of  the  town.^  Consequently,  the  municipali- 
ties, while  in  a  measure  subordinate  to  Rome,  were  within 
certain  limits  self-governing  bodies.  The  citizens  elected  the 
magistrates  of  whom  the  senate  was  composed,  but  had  no 
further  control  over  it.  This  body  was  composed  of  one 
hundred  decuriones,  who  had  more  power  and  less  responsi- 
bility than  the  members  of  a  modern  town  council.^  As  the 
senate  was  formed  from  the  six  chief  magistrates,  ex-officers, 
old  senators,  and  those  persons  having  sufficient  property  to 
qualify  them  for  the  office  of  decurion,  it  must,  of  necessity, 
have  been  aristocratic  in  its  nature.  The  government  was 
based  upon  the  personal  right  of  a  superior  magistrate  rather 
than  upon  representative  authority  as  in  case  of  the  modern 
municipality.  The  senate,  or  town  council,  represented  the 
executive  body,  from  which  the  magistrates  received  their 
orders,  and  with  whom  they  often  consulted.*  Thus  we  find 
that  in  municipal  organization,  the  provincial  towns  of  old 
Spain  were  smaller  types  of  old  Rome;  and"  that  the  same 
privileges  were  extended  to  citizens  in  the  former  as  in  the 
latter. 

These  municipalities  continued  to  exist  in  Spain  after  the 
decline  of  the  Roman  Empire.  They  continued  long  after 
the  invasion  of  the  Goths ;  and  during  the  period  of  the  over- 
lordship  of  the  Arab-Moors,  the  cities  of  Spain  were  per- 
mitted to  carry  on  their  own  government.  Even  the  Goths, 
who  at  first  contact  with  the  Romans  did  not  care  for  cities. 


'  Lex  Malacitana,  Art.  54.  =  Lex  Malacitana,  Art.  52. 

^  Arnold,  Roman  Provincial  Administration,  232.  *  Arnold,  234. 


The  Roman  Origin  of  Spanish  Institutions.  f31 

soon  learned  to  build  their  own  or  occupy  those  already  built. 
In  this  and  in  other  things,  we  find  the  strong  influence  of 
Roman  institutions,  and  their  persistant  continuance  during 
rapid  and  radical  changes.  During  the  domination  of  the 
Arab-Moors,  a  few  of  the  conquered  Spaniards  fled  to  the 
mountainous  districts  of  Asturias,  where  they  established  a 
small  kingdom  that  continued  to  increase  rapidly  in  power 
and  extent.  These  people,  who  sought  to  escape  servitude  to 
the  Moslem,  carried  with  them  their  own  laAvs  and  customs, 
which  laid  the  foundations  of  the  new  empire.  From  this 
nucleus  of  freedom  there  sprang  up  several  small  kingdoms 
which  began  to  reconquer  the  territory.  This  was  the  begin- 
ning of  modern  or  Christian  Spain,  and  was  the  occasion  of 
founding  the  modern  Spanish  municipalities. 

From  the  mountain  districts  of  Asturias  began  the  re-con- 
quest of  Spain,  which  recovered  all  the  territory  that  had 
hitherto  fallen  into  the  hands  of  the  Moors.  At  this  period 
the  feudal  system  prevailed  to  a  considerable  extent,  but  was 
never  quite  so  complete  in  Spain  as  in  France  and  Germany. 
Of  the  reconquered  territory,  the  usual  portions  went  to  the 
followers  of  the  king;  who  led  the  victorious  forces.  This 
gave  the  nobles  great  power,  which  the  king  attempted  to 
offset.  To  accomplish  this,  he  granted  municipal  charters 
to  colonies  that  settled  on  the  territory  made  vacant  by  the 
expulsion  of  the  Moors  from  Spanish  territory.  These  muni- 
cipal grants  represent  the  revived  Roman  municipal  charters  ; 
and  the  process  of  colonizing  these  waste  places  resembles  in 
a  measure  the  practice  of  the  Romans  at  a  much  earlier  date. 
There  was  a  show  of  liberty,  but  little  more ;  because  of  the 
arrogance  of  the  feudal  nobility  and  the  principles  of  muni- 
cipal organization.  During  the  re-conquest,  the  Spanish  peo- 
ple had  received  assistance  from  the  adjoining  Franks ;  and 
it  is  supposed  that  municipal  organization  received  some  influ- 
ence from  this  source.  But  whatever  appearance  of  liberty 
there  might  have  been  in  the  formation  of  these  first  modern 
municipalities,  it  was  theoretical  rather  than  practical.     It  is 


32  Spanish  Institutions  of  the  Southwest. 

true  that  the  municipality  had  changed  in  its  fundamental 
idea,  as  its  governing  body  was  now  representative  rather 
than  personal ;  but  the  interference  of  feudalism  made  this 
more  frequently  a  theoretical  right  than  a  practical  exercise 
of  the  liberties  of  the  people.  The  transition  period  from  the 
ancient  form  of  the  aristocratic  municipality  to  the  modern 
democratic  one,  was  of  long  duration.  If  rights  and  preroga- 
tives were  secured  against  the  encroachments  of  the  feudal 
nobility,  the  king  eventually  usurped  them. 

All  grants  to  free  communities  were  given  in  such  a  man- 
ner that  they  tended  to  strengthen  royalty.  Indeed,  nearly 
all  of  the  privileges  granted  to  towns  and  to  their  popular 
representation  in  the  Cortes  were  attended  with  such  restric- 
tive measures  as  to  favor  the  central  government — that  is,  the 
king.  In  the  charters  granted  to  the  people,  it  was  clearly 
stated  of  what  class  the  town  should  be ;  it  was  granted  fixed 
limits  and  boundaries,  and  to  its  citizens  were  guaranteed 
common  wood-land  and  common  water  privileges.  Alfonso 
established  that  no  colony  or  community  could  be  formed 
without  the  consent  and  approv^al  of  the  king,  and  that  the 
acts  of  the  town  councils  must  be  approved  by  royal  manda- 
mus before  they  could  become  laws.  From  this  time  the 
struggle  between  the  Teutonic  and  the  Roman  elements  of 
law  was  on.  The  result  was  that  the  Teutonic  spirit  was 
crushed,  and  Spain  returned  to  the  principles  of  Rome. 
Spain  became  as  if  no  Teutons  had  ever  conquered  and  settled 
and  held  sway  for  three  centuries  in  her  territory.  The  old 
principles  that  had  been  working  in  government  and  admin- 
istration, even  through  the  Gothic  reign  and  the  Moorish 
predominance,  came  to  the  front  and  maintained  themselves 
until  not  even  a  vestige  of  the  popular  government  and  spirit 
of  freedom  which  characterizes  Teutonic  customs  was  left. 

Popular  representation  in  Spain  began  at  an  early  date 
through  the  instrumentality  of  the  independent  towns.  But 
this  representation  was  never  universal  or  regular.  These 
towns  by  their  charters  claimed  certain  rights;  and  yet  at 


The  Roman  Origin  of  Spanish  Institutions.  33 

no  one  time  were  all  of  the  towns  represented  in  the  Cortes. 
These  popular  representations  were  in  vogue  for  a  time,  but 
gradually  died  out ;  and  under  the  Bourbon  monarchs  the 
ancient  liberties  were  entirely  suppressed.  Under  the  reign 
of  Ferdinand  and  Isabella,  the  Cortes  were  seldom  called  ; 
and  when  they  were,  it  was  for  the  advantage  of  the  sover- 
eigns rather  than  for  the  advantage  of  the  people.  The 
familiar  act  of  voting  sui)plies  to  the  central  government 
was  their  only  privilege.  Although  the  spirit  of  freedom  still 
slumbered  on  among  the  people,  as  it  always  has  done  and 
does  now,  it  must  be  maintained  that  popular  representation 
in  Spain  was  something  of  a  formality ;  similar  no  doubt  to 
the  representation  of  the  people  in  the  English  Parliament  in 
the  thirteenth  century.  It  remained  for  the  successors  of 
Ferdinand  and  Isabella  only  to  make  complete  tliat  which 
had  already  been  begun.  The  Roman  Imperialism  pre- 
dominated. The  system  of  ruling  provinces  was  Roman. 
The  plan  of  magnifying  central  government  through  the 
appointment  of  royal  officers  was  after  the  old  Roman  type. 
Whatever  institutions  flowed  from  old  Spain  from  this  time 
on,  were  Roman  in  their  nature.  The  Germanic  elements 
were  crushed  out  save  in  a  few  local  institution^.  But, 
whether  of  colonization  or  of  municipal  government  or  of 
national  or  provincial  administration,  the  predominating 
characteristics  were  Roman.  The  Christian  church  aided 
greatly  this  Romanizing  process.  The  Hierarchy  was  abso- 
lute. The  church  had  inherited  the  Roman  forms  of  gov- 
ernment, and  her  methods  of  procedure  were  Roman.  The 
Pope  was  the  natural  successor  of  the  Emperor  in  Imperial 
affairs.  He  posed  as  the  universal  spiritual  and  temporal 
arbiter  for  the  world.  The  empire  was  his  own.  The 
Christian  religion  took  a  strong  hold  in  Spain  ;  and  it  went 
so  far  as  to  attempt  to  maintain  its  own  authority  against  the 
papal  authority,  through  the  emperors  and  kings.  When 
Spain  projected  her  system  upon  other  countries,  it  was  a 
type  of  old  Rome  that  she  represented. 
3 


34  Spanish  Institutions  of  the  Southwest. 

In  administration  the  modern  Spanish  nation  resembled 
the  Roman.  When  the  Moors  were  expelled  step  by  step,  it 
was  by  the  force  of  predatory  warfare  incident  to  feudalism. 
It  was  in  most  instances  a  local  rather  than  a  national  triumph, 
until  after  the  union  of  Castile  and  Leon  and  the  conquest 
of  Grenada.  Ferdinand  III.  of  the  two  former  kingdoms, 
endeavored  to  establish  unity  by  translating  and  enforcing 
the  old  laws;  and  tried  to  improve  his  administration  by 
replacing  the  governors  of  the  provinces  by  royal  oflficers 
(adelantados  majores)  who  were  directly  responsible  to  the 
crow^n.  Once  begun,  the  return  to  the  imperial  system  as 
used  in  the  empire  and  practiced  by  Charlemagne  was  rapid, 
until  all  parts  of  administration  centered  in  the  king,  and 
each  part  of  the  government  was  a  check  on  every  other  part. 

In  the  planting  of  the  early  colonies  in  Spain,  the  Roman 
system  of  forming  the  laws  and  of  granting  privileges  to  the 
inhabitants  w^as  followed.  These  colonies  were  formed  for 
the  purpose  of  re-peopling  the  waste  territory  and  of  guarding 
the  frontier — two  of  the  special  purposes  in  the  Roman  plan. 
For  these  purposes,  as  well  as  to  counteract  the  influences  of 
the  feudal  nobility,  they  were  granted  charters. 

The  English  colonies  from  the  start  rested  on  a  different 
basis,  as  did  all  English  institutions.  However  great  the 
influences  of  the  Roman  law  and  the  Roman  system  of 
administration  may  have  been  upon  the  progress  of  the  English 
government,  the  Teutonic  life  always  predominated  in  its 
institutions.  This  is  true  in  the  colonies ;  for  into  these  the 
ancient  laws  and  customs  were  transplanted.  The  Roman 
method  of  treating  the  public  land  prevailed  to  a  great  extent 
in  Spain,  and  consequently  in  the  Spanish  colonies.  The  laws 
regulating  right  and  titles  to  land,  and  the  laws  of  estates, 
were  derived  directly  from  Roman  code.  Thus  in  law,  in 
municipal  organization,  in  administration,  and  in  methods  of 
Wonization,  the  Roman  influence  predominated.  But  this 
influence  was  modified  in  many  w^ays  by  the  development  of 


The  Roman   Origin  of  Spanish  Institutions.  35 

5pain.  The  new  national  life,  and  the  changing  policy  of 
different  rulers,  brought  about  many  new  phases  of  govern- 
ment consequent  upon  national  development.  It  will,  there- 
fore, in  order  to  understand  the  nature  of  the  institutions 
which  were  transplanted  to  the  American  colonies,  be  neces- 
sary to  consider  more  fully  the  condition  of  Spain  at  the 
time  of  the  conquest  and  settlement  of  America. 


CHAPTER  III. 

The  Condition  of  Spain  dueing  the  Conquest  and 
Settlement  of  America. 

Despite  the  show  of  freedom  in  the  communities  of  Spain, 
and  the  representation  in  the  Cortes  of  privileged  towns 
by  deputies,  feudalism  finally  obtained  complete  domination, 
and  prevailed  during  and  after  the  rise  of  Christian  Spain 
through  the  successful  struggle  against  the  Saracens,  But 
the  tide  of  centralization  set  in  as  the  people  began  to  fight  a 
common  enemy  and  to  espouse  the  cause  of  a  universal  religion. 
Out  of  the  many  kingdoms  of  Spain  there  came  finally,  by  a 
series  of  progressive  changes,  one  that  was  stronger  and  better 
than  the  rest ;  and  it  formed  a  nucleus  for  the  foundation  of  the 
nation.  The  reign  of  Ferdinand  and  Isabella  marks  the 
origin  of  the  modern  nation,  and  the  first  part  of  a  period 
of  centralized  government.  It  was  during  this  period  that 
feudalism  declined,  and  the  old  absolutism  of  the  central 
power  was  revived.^  Prior  to  this,  the  time-honored  rights 
of  the  people  had  mostly  disappeared ;  and  the  whole  Spanish 
nation  lapsed  into  lords  and  vassals.  If  a  town  occasionally 
retained  its  early  rights,  they  were  so  overshadowed  by  the 
forms  of  feudal  society  that  they  amounted  to  a  mere  show  of 
civil  liberty.  Through  the  union  of  Castile  and  Leon  by  a 
fortuitous  marriage  and  the  inheritance  of  Aragon,  the  Span- 
ish sovereigns  became  possessed  of  a  large  territory ;  and  this 
was  extended  by  the  conquest  of  the  Saracens.     By  this  con- 


1  Dunham,  IV,  173. 

36 


The  Condition  of  Spain  during  the  Conquest.  37 

quest,  patriotism  and  religious  zeal  tended  to  cement  tlie  old 
kingdoms  into  a  national  unity.  But  the  internal  disorders 
were  not  easily  disposed  of.  The  long  sway  of  ra])acious 
nobles  had  broken  down  the  courts  of  justice,  and  liad 
quenched  the  flame  of  liberty  that  occasionally  flashed  in 
the  gloom.  The  judges  of  the  courts  were  intimidated  by 
the  armed  lords,  and  their  decisions  set  aside  by  the  power 
of  the  sword. 

Ferdinand  and  Isabella  attempted  to  restore  the  judicial 
rights  of  the  people,  and  to  suppress  the  power  of  the  nobility.' 
Their  success  was  only  partial ;  and  in  gaining  this  they 
introduced  measures,  which,  used  by  designing  men,  led  to 
oppression  greater  than  that  of  the  nobles  had  been.  There 
was  first  instituted  a  body  of  superior  judges  (corregidores), 
whose  duty  it  was  to  visit  the  local  judges,  to  inspect  their 
work,  to  force  them  to  do  their  duty,  and  to  hold  court,  if 
necessary,  in  their  several  jurisdictions.  This  body  gradually 
obtained  increased  powers,  and  a  new  constitution  was  created 
defining  these  powers.  The  body  (Santa  Herraandad),  con- 
sisted of  two  thousand  horse  and  two  thousand  foot  with 
their  laws  and  judges,  who  directed  their  authority  toward 
the  severe  administration  of  justice  and  the  repression  of  the 
power  of  the  feudal  lords.-  If  the  powers  of  this  body  had 
ceased  here,  the  wrongs  of  the  people  might  have  been  sup- 
pressed and  justice  enthroned ;  but  their  activities  were  fur- 
ther directed  against  those  who  had  offended  in  religious 
belief.  They  set  up  a  special  tribunal  in  Seville  to  try 
offenders  and  apostates:  the  three  judges  of  this  tribunal 
were  instructed  to  search  diligently  for  evidence  against 
those  who  neglected  religious  worship,  and  after  trial  to 
hand  them  over  to  the  civil  authorities  for  punishment. 
This  process,  sanctioned  by  the  Pope  and  enforced  by  the 
zealous  sovereigns,  developed  into  the  inquisition.  It  was 
vain  for  the  pious  sovereigns  to  unite  diverse  states,  conquer 


1  Dunham,  IV,  174.  '  Dunham,  II,  271. 


38  Spanish  Institutions  of  the  Southwest. 

and  disperse  the  Saracens,  establish  civil  justice,  repress  the 
power  of  the  nobles,  and  consider  the  rights  of  the  people, 
while  they  sowed  the  germs  of  disease  which  was  eventually 
to  prove  the  ruin  of  the  nation.  All  the  attempts  to  secure 
enlightened  political  development,  territorial  extension,  and 
national  unity,  were  accompanied  by  the  blighting  influences 
of  bigotry  and  oppression. 

The  church  and  the  state  were  united  in  administration  as 
well  as  in  conquest.  Wherever  floated  the  banners  of  Spain, 
there  was  planted  the  cross  of  Christ;  wherever  went  the 
judges  of  civil  justice,  there  went  the  tribunals  of  the  church. 
The  religious  zeal  thus  inaugurated  by  kings  developed  into 
fanaticism  and  religious  disease ;  the  inquisition  was  intro- 
duced and  henceforth  was  to  be  a  vulture  tearing  at  the 
vitals  of  every  attempted  social,  political,  or  religious  reform. 
Underneath  a  surprising  intelligence  there  lurked  a  fatal 
stupidity ;  for  the  short-sighted  policy  of  Isabella  could  dis- 
cern no  such  results  as  were  finally  wrought  by  the  inquisi- 
tion. As  Lafuente  well  says,  "  Without  doubt  she  desired  to 
make  with  judicious  care  a  benign  institution  for  establishing 
the  unity  of  religion,  and  reared,  contrary  to  her  intention, 
a  tribunal  of  extermination."  ^  Under  the  management  of 
Torquemada,  this  "  benign  institution  "  became  a  monstrosity 
of  injustice  and  a  terror.  But  the  instrument  of  torture  fell 
heaviest  upon  the  Saracens  and  the  Jews.  These  two  classes 
included  some  of  the  best  artisans  and  laborers  of  Spain  ; 
consequently  the  inquisition  fell  most  heavily  upon  the  bread 
earners  and  producers. 

The  close  of  the  reign  of  Ferdinand  was  marked  by  many 
troubles  arising  from  the  mistaken  policy.  The  power  of  the 
church  had  grown  to  great  proportions;  and  the  power  of  the 
nobles,  though  somewhat  curtailed,  had  increased  on  account 
of  the  immunities  granted  them  and  the  course  of  feudal  war- 


'  Lafuente,  Los  Reyes  Caiolicos,  8. 


The  Condition  of  Spain  during  the  Conquest.  39 

fare.*  When  Charles  I.,  better  known  as  Emperor  Charles  V^., 
came  to  the  throne,  he  inaugurated  the  most  brilliant  epoch 
that  Spain  has  ever  known.  In  this  golden  age  of  political 
supremacy,  no  other  nation  of  Europe  could  equal  Spain. 
By  direct  inheritance,  fortunate  marriages,  and  political  suc- 
cesses, Charles  became  the  ruler  of  half  of  Europe.  To  main- 
tain these  possessions  he  inaugurated  a  brilliant  war  policy 
accompanied  by  a  strong  personal  administration.  His  treat- 
ment of  Spain  was  upon  the  basis  of  his  own  convenience ; 
but  that  convenience  meant  the  increased  political  power  of 
the  nation.  He  sought  to  make  Spain  the  foremost  nation  of 
Europe,  and  to  establish  and  maintain  the  power  of  the 
Catholic  faith.^  To  accomplish  these  designs  he  combined 
the  shrewdness  of  an  astute  politician  with  the  piety  of  a 
monk.  If  necessary,  everything  else  was  to  be  sacrificed  to 
these  two  ideas,  of  which  the  former  was  the  more  important. 
In  the  extension  of  this  policy  the  monarchy  passed  into 
a  state  of  extreme  absolutism.^  Had  this  absolutism  been 
enliirhtened,  there  would  have  been  laid  the  foundations  of  a 
strong  government  based  upon  enduring  principles. 

But  to  carry  out  the  policy  inaugurated  the  voice  of  the 
people  was  hushed  and  their  wants  passed  by  unheeded.  The 
power  of  the  Cortes,  a  time-honored  institution,  which  was 
suppressed  in  the  time  of  Enrique  and  nominally  revived 
under  Ferdinand,  was  effectually  taken  away  by  Charles. 
The  nobles,  so  long  dominant,  remained  in  power,  although 
the  new  system  of  administration  and  the  new  laws  had  a 
tendency  to  weaken  them.  They  rested  their  claims  on  the 
old  Visigothic  laws ;  and  these  were  favorable  to  the  feudal 
society.  Later  usages  were  framed  on  the  basis  of  a  growing 
feudalism.  We  find  that  all  venerable  rights  of  the  people 
were  crushed  out ;  their  constitutional  privileges  were  abro- 


'  Prescott,  Ferdinand  and  Isabella,  II,  533,  537. 

*  Robertson,  Charles  V. ;  Dunham,  History  of  Spain. 

^Coxe,  Memoirs  of  the  Kings  of  Spain,  I,  419. 


40  Spanish  Institutions  of  the  Southwest. 

gated,  and  their  free  iustitutions  absorbed  by  the  central 
authority.  The  Cortes  remonstrated  that  they  were  not  well 
used,  and  the  result  was  that  Charles  granted  them  their 
desires ;  but  the  next  time  the  Cortes  were  called,  but  few- 
cities  were  represented,  and  this  representation  was  only  for 
the  purpose  of  levying  taxes  and  supplies.  The  representa- 
tives were  not  allowed  to  sit  Avith  the  royal  officers,  and 
knew  but  little  of  the  deliberations  of  the  government.  To 
carry  on  the  brilliant  war  policy,  it  was  necessary  to  tax  the 
people  to  such  a  great  extent  that  their  burdens  in  this  respect 
were  unbearable. 

Two  other  political  events  had  great  economic  influence 
upon  the  nation ;  the  expulsion  of  the  Moors,  and  of  the 
Jews.  The  former  were  conquered  by  Ferdinand,  partially 
expelled  by  Charles,  and  finally  driven  from  the  country  by 
Philip  and  his  successors.  The  unity  of  Spain  was  estab- 
lished by  a  continuous  warfare  on  those  who  were  foreign  in 
blood  and  in  religion,  but  the  economic  effects  of  this  policy 
were  wholly  evil.  The  Moors  were  among  the  best  artisans 
and  the  most  intelligent  producers  of  Spain,  and  their  loss 
was  seriously  felt.  Every  nation  that  has  driven  from  its 
midst  intelligent  skilled  labor,  has  felt  the  loss.  The  Jews 
were  wealthy,  and  were  valuable  as  wealth  producers,  wealth 
accumulators,  and  money  ioaners.  From  a  country  like  Spain 
it  was  poor  policy  to  drive  out  the  bankers.  Philip  followed 
on  the  footsteps  of  his  father,  and  carried  out  with  even  more 
rigor  the  national  policy  of  Spain. 

But  it  was  not  until  the  close  of  Philip's  reign  that  the 
fallacy  of  his  father's  policy  began  to  be  seen.  The  gold  of 
America  and  the  high  prices  paid  for  the  products  of  home 
industry  upheld  the  government  for  a  time ;  but  in  the  midst 
of  strength  there  were  maladies  ready  to  appear  at  the  first 
hour  of  weakness.  Philip  was  a  cold,  cruel  monster  ;  a  com- 
mander of  a  system  of  spies ;  he  could  calculate  with  exactness 
the  political  results  of  the  death  of  his  enemy,  and  consequently 


The  Condition  of  Spain  during  the  Conquest.  41 

the  inquisition  suited  his  temperament.'  With  one  hand  he 
patronized  learning  and  intellectual  activity ;  with  the  (jther 
he  stifled  every  attempt  leading  toward  independent  thought. 
While  he  planned  to  send  the  dagger  to  the  heart  of  the  vic- 
tim over-watched  by  spies,  he  Mas  a  most  devout  catholic — a 
most  pious  king.  Piety,  religious  fanaticism,  and  diabolical 
cruelty  were  among  his  chief  characteristics.^ 

There  was  never  before  such  great  power  given  to  an  indi- 
vidual nation  to  accomplish  good  as  that  given  to  Spain.  There 
never  was  a  better  opportunity  given  to  a  nation  for  advancing 
liberal  government  and  elevating  humanity  by  an  enlightened 
policy  of  rulers  than  the  one  given  in  the  political  supremacy  of 
Spain.  It  was  the  dawn  of  the  new  era,  the  era  of  discovery, 
exploration,  and  commercial  activity.  The  spirit  of  reform 
had  already  been  moving  among  the  people  and  was  soon 
to  produce  lasting  effects.  The  political  and  religious  forces 
needed  the  direction  of  men  of  power ;  but  at  the  same  time 
everything  seemed  to  call  for*  new  methods  of  government. 
But  blinded  by  the  two-fold  idea  of  religious  and  political 
absolutism,  Spain  lost  her  opportunities,  and  permitted  the 
government  to  be  narrowed  to  the  measure  of  royalty  and 
bigotry.  This  policy  that  culminated  in  the  reign  of  Philip 
sealed  the  possibilities  of  the  nation  for  centuries  to  come, 
and  its  evil  effects  were  felt  in  the  rapid  decline  of  national 
power  in  the  succeeding  reigns.  When  the  government  based 
on  the  absolutism  of  the  monarch  passed  into  the  hands  of 
weak  rulers,  they  were  unable  to  support  the  system.  Con- 
sequently, while  other  nations  were  laying  the  permanent 
foundations  of  political,  industrial,  and  economic  life,  the 
ephemeral  glory  of  Spain  was  waning.  While  nations  like 
England  and  the  Netherlands  were  developing  constitutional 
liberty  and  political  power,  and  were  promoting  home  indus- 
tries and  foreign  commerce,  Spain  was  losing  or  crushing  the 
very  safeguards  to  national  life. 

'  Prescott,  Philip  II.,  Ill,  bk.  VI.  ^  Ciayarr^,  Philip  II.,  fhapter  I . 


42  Spanish  Institutions  of  the  Southwest. 

A  more  careful  analysis  of  the  economic  condition  of  Spain 
will  assist  in  determining  her  true  position  and  reveal  many 
reasons  for  her  rapid  political  decline.  In  the  first  place  the 
process  of  obtaining  power  was  by  force  of  arms  and  reliance 
upon  the  money  that  fiowed  from  other  nations.  It  was 
largely  a  repetition  of  the  old  theory  of  the  Romans,  that  of 
getting  rich  by  the  exploitation  of  other  countries  rather  than 
by  the  natural  development  of  home  resources.  As  has  been 
stated,  the  Moriscoes,  who  were  conquered  by  Isabella  and 
dispersed  by  her  religious  zeal,  persecuted  by  Philip  II.  and 
the  Inquisition,  and  driven  out  by  the  stupid  bigotry  of 
Philip  III.,  were  among  the  most  valuable  inhabitants  of  the 
realm. ^  They  were  agricultural  laborers,  skilled  artisans 
and  manufacturers ;  and  had  given  great  attention  to  science 
and  literature.  When  nearly  eight  hundred  thousand  of 
these  toilers  were  thrust  out  of  the  kingdom,  there  were  no 
producers  to  take  their  place.  The  government  was  remov- 
ing the  wealth  producing  elements  of  the  nation.  Further, 
the  Jews  were  the  native  bankers  and  traders  of  the  country  ; 
and  they  also  were  robbed,  persecuted,  and  banished.  The 
great  loss  to  productive  industry  was  enhanced  by  the  de- 
structive influences  of  the  Inquisition,  which  nearly  always 
fell  upon  the  toiling  part  of  humanity. 

But  the  discouragement  given  to  productive  industry  was 
even  more  fatal  in  its  influence.  While  everything  militated 
against  honest  labor,  there  was  being  educated  a  race  of  cava- 
liers and  a  dissolute  nobility,  that  despised  all  labor  as  ignoble 
and  all  peasants  because  they  were  laborers.  Not  only  did  all 
labor  become  dishonorable,  but  all  home  production  unprofit- 
able. Manufacturers  could  not  sustain  themselves  and  pay 
the  taxes.  They  were  hampered  on  account  of  a  lack  of 
laborers,  and  their  factories  were  eventually  closed  on  account 
of  a  lack  of  profits.     Those  engaged  in  agricultural  pursuits 


'  From  600,000  to  800,000  of  these  toilers  were  thrust  out  of  the  country 
and  there  were  no  laborers  to  take  their  place. 


The  Condition  of  Spain  duriag  the  Conquest.  43 

found  it  impossible  to  pay  the  taxes  imposed  by  the  govern- 
ment, although  the  price  of  products  was  high  ;  consequently 
the  soil  went  out  of  cultivation.  There  were  few  native 
capitalists  in  Spain  ;  and  the  middle  class  in  general  was 
poorly  represented.  As  the  artisans  were  too  poor  to  carry 
on  their  work  unaided,  shops  were  closed,  and  all  trading  was 
soon  carried  on  by  others.  The  people  of  Spain  soon  found 
themselves  living  on  the  products  of  foreign  industries  at  the 
expense  of  their  own  prosperity.  Not  only  did  the  manu- 
factures pass  to  other  lands,  but  soon  nearly  all  of  the  foreign 
and  domestic  trade  was  in  the  hands  of  foreigners.'  The  Kng- 
lish,  French,  Dutch,  German,  and  Italian  traders  and  manu- 
facturers hastened  to  profit  by  the  situation.^ 

To  add  to  the  burdens  of  the  people,  the  taxes  were  enor- 
mous ;  and  they  fell,  as  is  generally  the  case  under  such  cir- 
cumstances, upon  the  few  who  were  the  least  able  to  l^ear 
them.  It  seems  almost  incredible  that  the  rulers  should 
have  levied  such  an  exorbitant  taxation  upon  tlie  declining 
industries  of  a  nation.  It  seemed  that  absolutism  had  ex- 
ceeded its  profitable  bounds  of  bigotry  and  oppression.  The 
Cortes  remonstrated ;  but  the  remonstrance  was  of  no  avail. 
Embodied  in  their  complaint  of  1594  is  the  statement  tiiat 
the  sale  of  food  was  taxed  fourteen  per  cent. ;  that  merchants 
had  to  pay  a  tax  of  three  hundred  ducats  on  every  one  thou- 
sand ducats  of  property — a  tax  of  thirty  per  cent.  ;^  that 
taxes  exceeded  the  income  of  estates,  and  that  no  tenant  farmer 
could  maintain  himself,  however  low  his  rent  might  be.  But 
the  rich  nobles  and  owners  of  feudal  estates  were  exempt  from 
taxation,  as  was  also  the  church.  Exempt  from  the  whole 
taxable  list  the  vast  wealth  of  the  church  and  the  revenues  of 
the  estates,  then  consider  the  gj-eat  number  of  idlers  and  vaga- 
bonds which  in  some  districts  equalled  the  number  of  laborers, 


^  Coxe,  Memoirs  of  the  Kings  of  Spain,  III,  517.  '  Dnnlinin,  V,  it)."). 

^  Harrison,  History  of  Spain,  542. 


44  Spanish  Institutions  of  the  Southtcest. 

and  it  is  at  once  seen  that  the  number  of  tax-payers  was  com- 
paratively small. 

Meanwhile  the  church  flourished,  and  gained  in  wealth  and 
power  constantly,  until  in  the  reign  of  Ferdinand  VI.  (1746- 
1759)  it  reached  the  culminating  point,  owning  at  this  time 
one-fifth  of  all  of  the  land  and  great  possessions  besides.  In 
the  year  1749,  the  income  of  the  church  was  equal  to  the 
entire  revenue  of  the  state,  about  341,000,000  reals.^  Freed 
from  the  burdens  of  taxation,  and  with  this  large  income,  is 
it  any  wonder  that  the  church  flourished  ?  Is  it  any  w^onder 
that  a  government  which  limited  the  burdens  to  a  few  persons 
and  exempted  the  remainder,  should  make  a  failure?  Is  it 
surprising  that  the  church  as  an  organization  continued  to 
grow  in  wealth  and  power  while  the  nation's  temporal  pros- 
perity declined  ?  The  church  grew  strong  because  it  was  a 
government  within  a  government,  and  bore  none  of  the  re- 
sponsibilities of  the  political  organization.  It  was  an  equal 
partner  in  the  idea  of  absolutism,  but  it  also  had  the  strength 
of  a  close  corporation.  The  inquisition  could  be  urged  on  by 
the  church ;  but  the  state  must  bear  the  terrible  responsibility 
of  its  results,  and  be  held  the  perpetrator  of  the  crimes  which 
were  enacted  by  this  instrument  of  extermination.  Thus  it 
was  that  while  the  state  was  declining  the  church  was  grow- 
ing in  temporal  power  and  wealth.  Its  spirituality  necessarily 
declined,  but  its  organizing  power  went  on  increasing. 

Religious  orders  swarmed,  and  the  membership  of  the 
church  increased.  If  the  term  "  priest-ridden  "  could  ever 
be  applied  fittingly  to  a  country,  it  was  certainly  applicable  to 
Spain  at  this  period.  It  became  the  policy  of  every  family 
to  have  at  least  one  representative  in  one  of  the  religious 
orders,  for  the  sake  of  the  benefits  derived  from  alms;  and 
by  distributing  members  of  the  family  among  different  orders, 
it  was  ])ossible  to  make  it  a  paying  business.  Thus,  fostered 
by  an  inquisition  that  cut  off  all  opposition,  and  by  the  favors 

1  Dunham,  V,  282. 


The  Condition  of  Spain  during  the  Conquest.  45 

of  the  government  respecting  taxes  and  benefits,  as  well  as  by 
government  recognition  of  its  power,  the  church  continued  to 
grow  and  increase  in  apparent  strength.  While  the  ancient 
Castilian  was  remarkable  for  his  independent  resistance  to 
Papal  encroachments,  he  was  subjected  at  home  to  exces- 
sive ecclesiastical  influence  arising  from  the  situation.  The 
church,  by  urging  the  inquisition,  was  preparing  for  a  time 
when  all  freedom  of  thought  should  be  stifled,  and  when  all 
attempted  reforms  would  be  silenced.  But  it  cannot  be  held 
that  the  church  was  wholly  responsible  for  all  of  the  ills  of 
the  country  at  this  time;  for  a  careful  inquiry  will  show 
that  the  lands  rented  by  the  church  were  better  tilled,  and 
that  the  renter  fared  better  than  did  the  tenant  of  any  other 
class  of  lands.  There  was  something  vitally  wrong  at  the 
centre  of  administration.  It  was  either  a  lack  of  the  knowl- 
edge of  government,  or  an  entire  disregard  of  the  sources 
of  national  prosperity.  The  government,  artificial,  wrong  in 
principle,  and  false  in  execution,  could  not  restore  declining 
prosperity.  There  was  a  lack  in  industry  and  a  lack  in  trade, 
consequently  the  economic  conditions  of  the  country  were  con- 
tinually made  worse  by  every  new  legislative  act.  The  vast 
sums  of  gold  that  came  from  America  raised  prices,  but  did 
not  stimulate  industry.  It  passed  through  Spain  to  pay  the 
debts  of  foreign  wars  or  else  to  pay  for  the  industrial  product 
consumed  by  the  Spanish  people.  It  is  estimated  that  of  the 
$70,000,000  which  came  from  the  colonies  to  Spain  in  the 
year  1595,  not  a  dollar  was  to  be  found  in  Castile  in  the 
following  year.  Spain  had  the  reputation  of  being  wealthy, 
while  in  truth  the  nation  was  poor.  The  government  and 
the  power  might  be  maintained  for  a  while  under  the  influence 
of  such  powerful  raonarchs  as  Charles  and  Philip,  but  a 
relaxation  of  the  skill  of  such  rulers  long  at  a  time  no  nation 
could  endure.  The  decline  in  prosperity  was  as  rapid  as  the 
rise.  The  laws  and  customs  of  the  Spanish  nation  at  this 
time  were  modified  to  a  great  extent  by  the  arbitrary  usage 
of  the  mouarchs.     The  age  of  feudalism  was  past,  although 


46  Spanish  Institutions  of  the  Southwest. 

there  were  some  remnants  of  the  system  still  existing. 
The  power  of  the  feudal  lords  had  never  been  quite  sup- 
pressed ;  but  when  a  monarch  of  so  much  power  as  Philip 
ascended  the  throne,  they  were  compelled  of  necessity  to  gather 
under  his  banner  and  to  be  pensioners  upon  his  bounty,  receiv- 
ing power  and  position  from  him.  Consequently  there  was 
created  a  dissolute  nobility  and  a  hierarchy  of  grandees  as  an 
expensive  appendage  to  the  national  administration. 

In  Aragon  and  Castile,  before  their  union,  there  was  a  spirit 
of  popular  liberty  evinced  in  their  constitution  that  could  come 
only  frcjm  the  ancient  Teutonic  polity.  It  outlived  the  con- 
quest of  the  Moors  and  the  shock  of  the  feudal  system.  The 
old  principles  regulating  the  election  of  the  kings  and  limiting 
the  royal  prerogative  appear  in  their  strongest  forms.  The 
dignity  and  independence  of  the  nobles  was  remarkable,  and 
the  rights  of  the  people  to  a  seat  in  the  Cortes  were  empha- 
sized. In  Aragon  an  officer  called  the  justiza  was  elected, 
who  was  a  supreme  guardian  of  the  law  and  of  the  acts  of  the 
king.  Speaking  in  behalf  of  the  sovereign  barons,  this  officer 
addressed  the  king  in  the  language  of  the  following  oath  of 
allegiance  taken  by  all  subjects  :  "  We  who  are  each  of  us  as 
good,  and  who  are  altogether  more  powerful  than  you,  promise 
obedience  to  your  government,  if  you  maintain  our  rights  and 
liberties  :  but  if  not,  not."  ^ 

In  Castile  the  Cortes  included  the  nobles,  the  ecclesiastics, 
and  the  representatives  of  the  cities.  The  duties  of  this 
assembly  were  to  take  action  respecting  public  revenues,  the 
redressing  of  grievances,  and  the  presentation  for  the  sanction 
of  the  king  of  new  measures  favoring  the  people.  Although 
the  reign  of  Ferdinand  and  Isabella  tended  to  repress  the  power 
of  the  nobles  and  to  administer  abetter  justice  throughout  the 
realm,  the  royal  prerogative  was  much  curtailed  throughout 
the  reign  of  Ferdinand,  and  for  a  long  time  in  the  reign  of 
Charles  V.     The  remnants  of  feudalism  long  remained  in 

'  Robertson,  Charles  V.,  I,  ITS. 


The  Condition  of  Sjxiin  durinfj  the  Conquest.  47 

Spain,  although  iu  the  time  of  Charles  V.  the  power  of  the 
monarch  was  greatly  increased.  The  traditional  free  govern- 
mentof  the  people,  dating  back  to  the  time  of  the  reign  of  the 
Goths  and  Vandals,  dwindled  away  and  became  little  more 
than  a  farce.  But  this  spirit  of  freedom  has  shown  itself  at 
every  possible  turn  throughout  the  history  of  Spain ;  and 
even  to  this  day  there  are  those  who,  recognizing  the 
ancient  rights  of  the  people,  look  forward  to  a  time  that 
shall  give  them  full  expression.  The  administration  became 
gradually  absorbed  by  the  king  and  the  king's  officers,  and 
the  government,  becoming  more  imperial,  was  carried  on 
without  consulting  the  interests  or  opinions  of  the  people  of 
any  class.  Such  was  the  condition  of  Spain  at  the  time  of 
the  disclosure  of  the  New  World  to  the  gaze  of  the  European. 
These  conditions  modified  to  a  great  extent  the  explorations 
and  settlements  of  the  New  World.  Many  of  the  institutions 
of  Spain  were  transmitted  bodily  to  the  colonies,  and  the  same 
spirit  of  legislation  and  government  that  existed  in  the  mother 
country  followed  the  adventurers  wherever  they  went. 

It  is  now  proper  to  enquire  into  the  nature  of  Spanish 
colonization,  and  to  observe  what  was  the  character  of  the 
institutions  transplanted  to  the  New  World  and  the  effects  of 
the  same  on  the  policy  of  colonial  life  and  government. 


CHAPTER  IV. 

Spanish  Colonization. 

Colonies  of  every  class  have  repeated  the  types  of  institu- 
tions existing  in  the  mother  country.  The  ancient  Greek  colo- 
nies carried  with  them  the  institutions  and"  characteristics  of  the 
states  from  which  they  sprung.  '  The  colonies  were  formed  on 
account  of  internal  disorders  in  the  city,  or  in  consequence  of 
overpopulation.^  They  had  their  own  constitution,  usually 
patterned  after  those  of  their  respective  parental  cities,  with 
independent  governments,  having  as  far  as  political  organiza- 
tion was  concerned,  no  relation  to  the  mother  cities.^  The 
migrations  were  generally  undertaken  with  the  approval  and 
encouragement  of  the  cities  from  which  they  issued,  and  par- 
ticularly under  the  favorable  auspices  of  the  oracles.  Once 
established,  there  was  no  feeling  of  dependence  on  the  part  of 
the  colony,  nor  any  claim  of  authority  on  the  part  of  the 
parent  city,  although  there  was  a  bond  of  union  arising  from 
kinship.  This  moral  sentiment  was  sufficiently  strong  to  call 
mother  and  child  to  each  other's  defense  in  time  of  war ;  but 
it  was  not  infrequently  that  they  were  found  fighting  on 
opposite  sides.  The  colonization  was  a  natural  outflow,  and 
its  chief  support  was  an  active  trade  and  commerce  with  other 
colonies  and  nations.  The  English  colonies  resembled,  in  a 
great  measure,  the  Grecian.  This  is  especially  true  in  their 
inception,  when  they  sought  a  new  life  in  a  new  land  on 
account  of  dissatisfaction  at  home.     The  resemblance  would 


^B.eeren,  Ancient  Histoi-y,  156.  ^  Ibid.,  157. 

48 


Spanish  Colonization.  49 

have  been  still  more  marked,  had  it  not  been  for  the  com- 
mercial monopoly  that  later  interfered  with  the  natural  course 
of  events  in  the  control  of  the  Eni^lish  colonies  of  America. 

But  it  must  be  borne  in  mind  that,  in  all  methods  of  modern 
colonization,  the  prime  object  sought  was  the  direct  benefit  of 
the  mother  country.     Colonization  was  instituted  to  relieve 
overpopulation,  to  develop  commerce,  to  extend  the  dominion 
of  the  home  government,  or  to  guard  the  frontier.     In  every 
case  the  home  governments  sought  their  own  welfare  rather 
than  the  prosperity  of  the  colonists.     Among  all  of  the  above 
reasons  for  the  establishment  of  colonies,  none  was  more  potent 
in  modern  times  than  the  desire  to  establish  stations  for  for- 
warding the  interests  of  commerce.     But  the  colonies  of  each 
nation  had  their  own  distinctive  features,  differing  in  many 
ways  according  to  the  objects,  methods,  and  results  of  the 
enterprise.      Thus  England  desired  the  colonies  to  produce 
raw  materials  for  home   manufactures;    and  endeavored   to 
stimulate  home  industries  by  purchasing  these  materials  in 
gold,  and  then  returning  manufactured  articles  in  trade.     To 
facilitate  this,  England  granted  great  monopolies  to  companies 
such  as  the  East  India  Company  and  the  Hudson  Bay  Com- 
pany.    Spain,  on  the  contrary,  tried  by  legislation  to  keep  all 
of  the  gold  within  the  country ;  but  succeeded  instead  in  let- 
ting it  all  out  because  there  were  no  home  industries  to  employ 
it.     Spain  tried  to  create  a  government  monopoly  instead  of 
granting  a  monopoly  to  companies. 

The  relation  of  the  Spanish  colonies  to  the  central  govern- 
ment was  similar,  in  many  respects,  to  the  relation  of  the 
Roman  colonies  in  her  provinces  to  Rome.  Spain  desired  to 
people  the  new  territory  and  guard  the  frontier;  in  other 
words,  to  extend  the  dominion  of  the  crown ;  consequently 
the  Spaniards  considered  the  lands  colonized  as  part  of  the 
territory  of  the  parent  country,  and  the  government  of  the 
country  an  integral  part  of  the  central  government.  Spain's 
policy  was  either  to  incorporate  the  natives  into  the  colony, 
or  to  displace  them  by  the  new  colonists.  Rome  practiced  the 
4 


50  Spanish  Institutions  of  the  Southwest. 

same  method.  However,  it  may  be  asserted  that  wherever 
Rome  found  an  existing  organization,  its  institutions  were 
permitted  to  be  retained  by  the  people,  if  they  did  not  seri- 
ously interfere  with  the  government  of  the  ruling  power.  On 
the  other  hand,  the  Spaniards  considered  no  existing  institu- 
tions worthy  of  recognition ;  intolerance  in  religion  and  abso- 
lutism in  royal  authority  could  recognize  no  good  unless  it 
flowed  from  supreme  rulers.  The  result  was  a  universal 
system  of  slavery  introduced  by  the  system  of  Spanish  colo- 
nization. 

Likewise  we  find,  following  Roman  methods,  the  Spaniards 
sending  out  the  military  colony,  and  establishing  the  praesi- 
dium  on  the  frontier  of  the  royal  domain.  In  many  instances- 
the  colonies  of  Spain  were  filled  with  army  veterans.  The 
civil  communities  were  also  created  by  the  central  body,  and 
sent  by  the  parent  country  to  become  a  part  of  the  realm. 
Their  laws  were  made  by  the  central  government,  and  their 
officers  appointed  by  the  same  power.  Every  colony  was 
made  after  the  same  plan,  under  the  same  law.  The  self- 
government  of  colonies  was  in  great  part  suppressed,  and  the 
power  of  the  home  government  was  continually  augmented. 
Of  the  one  hundred  and  seventy  Viceroys  of  the  department  of 
Buenos  Ayres,  four  were. Americans,  and  the  remainder  were 
Spaniards  sent  from  the  home  government.  Of  the  six  hun- 
dred and  ten  captains-general  and  governors,  only  fourteen 
were  Americans.  Nearly  all  of  these  offices  were  sold  in 
Madrid  to  the  highest  bidder.^  In  the  department  of  Neuva 
Espafia,  the  offices  v/ere  filled  by  those  needing  positions,  and 
not  infrequently  the  office  was  created  for  the  man.  The 
Spanish  provinces  were  ruled  with  consummate  skill  as 
regards  the  control  of  royal  officers:  one  part  of  the  gov- 
ernment was  set  to  watch  another  part ;  and  the  system  of 
espionage  was  maintained  in  order  to  acquaint  the  home  gov- 
ernment with  the  exact  state  of  affiiirs  as  well  as  to  prevent 

^  Merivale,  Colonies  and  Colonization,  I,  11. 


Spanish  Colonization.  51 

consolidation  of  power  and  revolution  against  authority.  Yet, 
notwithstanding  every  precaution,  the  provincial  ofHct-r  usually 
robbed  the  government  and  failed  to  carry  out  the  laws  of  the 
land. 

The  possession  of  all  newly  acquired  territory  was  vested 
in  the  crown  of  Spain  rather  than  in  the  government.'  Con- 
sequently all  colonial  power  and  policy  were  under  the  king's 
immediate  control.  The  sovereign  being  proprietor  of  the 
land,  all  rights  must  flow  directly  from  him.  The  settler 
had  no  rights  arising  from  the  situation ;  consequently  no 
political  power  developed  from  the  people ;  it  came  instead 
from  the  king.  The  king  treated  his  colonial  subjects  as  the 
padres  treated  the  natives,  keeping  them  in  perpetual  political 
minority.  The  inevitable  result  followed;  without  induce- 
ment to  build  homes,  with  no  hope  of  civil  or  religious  liberty, 
with  no  inducement  and  much  less  opportunity  to  establish 
new  laws  and  institutions,  and  hampered  on  every  side  by  the 
laws  of  trade,  the  colonies  were  little  beyond  mere  puppets  in 
the  show  of  government. 

To  facilitate  the  execution  of  the  law  and  to  enforce  the 
adopted  government,  there  was  instituted  the  Council  of  the 
Indies.  This  council  superintended  all  colonial  affairs ;  and 
though  it  could  not  act  without  the  sanction  of  the  king,  who 
met  with  it  on  stated  occasions,  it  had  a  specific  duty  iu  the 
management  of  affairs,  and  great  power  in  government.  In 
the  execution  of  the  provincial  laws  of  the  government,  every- 
thing and  everybody  was  kept  in  subordination  to  the  gov- 
erning powers.  Obedience  was  the  great  law  of  being,  and 
legislation  was  minute  and  explicit  to  the  smallest  shadow  of 
doubt.  The  Council  of  the  Indies  was  instituted  by  Ferdi- 
nand in  the  year  1511,  but  was  perfected  by  Charles  in  the 
year  1524.  Its  jurisdiction  extended  to  every  department, 
religious,  civil,  military,  and  commercial.  All  the  laws  for 
the  government  of  the  colonies  originated  here,  and  had  to 


^  Bernard  Moses,  Data  of  Mexican  and  U.  S.  History. 


52  Spanish  Institutions  of  the  Southwest. 

receive  a  two-thirds  vote  of  the  members  of  the  council  and 
the  sanction  of  the  king  before  they  became  operative.  All 
of  the  officers  not  appointed  by  the  crown  were  named  by  this 
council ;  and  every  person  filling  any  office  of  whatever  nature 
in  America  was  accountable  to  the  council  for  the  character  of 
his  administration  of  public  affairs.  This  gave  the  Council  of 
the  Indies  a  control  over  American  affairs  that  was  destined  to 
become  entirely  arbitrary.  In  connection  with  this  was  the 
Casa  de  Contratacion,  or  Board  of  Trade,  established  for  the 
purpose  of  directing  the  course  of  commerce  between  the 
mother  country  and  the  colonies.^  It  was  really  created 
before  the  establishment  of  the  Council  of  the  Indies,  as  it 
dates  from  the  year  1501.  It  performed  a  double  function, 
as  a  board  of  trade  and  as  a  court  of  judicature.  It  regulated 
the  course  of  trade,  determining  what  goods  should  be  imported 
and  exported  from  the  Indies,  and  the  tonnage  and  time  of  the 
departure  of  the  ships.  It  also  had  jurisdiction  over  the  con- 
duct of  all  persons  connected  with  the  trade  between  the  two 
countries.  It  was  subject  to  the  control  of  the  Council  of  the 
Indies  as  a  court  of  appeal.  As  early  as  1501,  we  find  that 
the  commerce  of  Spain  must  all  pass  through  one  port,  that 
of  Seville,  in  order  that  it  might  be  better  regulated.  Thus 
the  control  and  the  direction  of  the  colonies  were  placed  in  the 
hands  of  the  central  power.  Nothing  could  be  done  except 
as  it  was  ordered  by  the  Council  and  sanctioned  by  the  king. 
The  local  attempts  at  government  were  cut  off  through  this 
arbitrary  control  by  the  mother  country.  There  was  no 
opportunity  for  the  development  of  self-government,  and 
hence  no  opportunity  to  develop  a  self-constituted  national 
spirit.  This  state  of  affairs  was  precisely  what  the  central 
government  desired. 

One  of  the  wonderful  things  in  the  settlement  of  Spanish 
America  was  the  union  of  the  church  and  the  state  in  the  con- 
quest of  the  new  land.     In  America,  as  in  Spain,  the  secular 

>  Of.  Chapter  XIV. 


Spanish  Colonization.  53 

and  the  religious  powers  went  hand  in  hand  ;  althougli  tlie 
special  aims  of  each  seem  to  be  more  distinctly  discernible 
here  than  at  home.  If  the  secular  power  was  used  to  propa- 
gate the  faith,  religious  zeal  was  made  an  excuse  for  plunder; 
if  the  secular  arm  upheld  the  absolutism  of  the  church,  the 
church  in  turn  went  forth  to  redeem  the  land  in  the  name  of 
the  king.  In  both  powers  there  was  great  pride  of  conquest ; 
to  conquer  was  a  great  principle ;  to  save,  a  secondary  one. 
By  different  means  the  two  powers  sought  to  obtain  the  same 
ends  ;  namely,  to  enlarge  the  power  and  to  increase  the  wealth 
of  Spain.  The  formula  for  the  course  of  action  of  the  crown 
was — exploration,  conquest,  unity  of  the  church,  acquisition 
of  wealth,  and  the  increase  of  the  territorial  dominions  of  the 
king.  The  formula  for  the  ecclesiastic  was — spiritual  con- 
quest, increased  power  of  the  order,  salvation  of  souls,  exten- 
sion of  the  king's  domain,  and,  frequently,  personal  temporal 
blessings.  On  the  other  hand,  soldiers  and  adventurers  had 
one  common  thought ;  and  that  was  to  plunder  the  natives 
or  to  obtain  wealth  without  toil.  In  this  strange  medley  of 
conflicting  motives,  there  seemed  to  be  one  spirit  predomi- 
nating the  whole  movement,  that  of  conquest ;  in  the  crown 
it  was  shown  in  the  avarice  for  power ;  in  the  adventurers, 
by  the  thirst  for  gold  ;  and  in  the  ecclesiastic,  by  ambition  to 
extend  the  territory  and  power  of  his  order. 

The  religious  party  played  a  very  important  part  in  the 
colonization  of  Spanish  America,  and  the  institutions  of  the 
country  are  not  to  be  explained  without  great  attention  to 
this  fact.  Eeligion  performs  a  very  important  part  in 
the  making  of  any  nation,  as  in  all  great  movements  ;  but 
where  it  is  so  closely  connected  with  the  government  as  it 
was  in  the  case  of  Spain,  what  a  power  it  must  have  wielded 
in  the  consummation  of  any  plan  of  conquest  and  settlement ! 
The  church  occupied  a  strong  position  in  the  New  World,  and 
possessed  about  the  same  character  there  as  in  Europe.  There 
was  the  same  pomp  and  show  in  the  organization  of  the  hier- 
archy there  as  in  the  Old  World.     The  expense  of  keeping  up 


54  Spanish  Institutions  of  the  Southwest. 

such  an  institution  was  a  burden  to  the  colonists,  and  the  tithes 
imposed  by  law  were  rigorously  collected.  Every  article  of 
primary  necessity  toward  which  the  attention  of  the  new 
settlers  might  be  turned,  was  taxed.  The  law  of  the  Indies 
of  the  year  1501  provided  for  the  collection  of  the  tithes,  and 
subsequent  laws  of  the  same  body  extended  the  list  of  taxable 
articles.  Not  only  were  the  burdens  of  taxation  grievous  to 
be  borne,  but  the  pomp  and  the  extravagance  of  the  church 
was  supported  by  the  private  donations  of  individuals.  The 
influence  of  the  religious  orders  was  very  great  in  every  way. 
They  not  only  obtained  control  of  the  religious  systems  but 
had  great  influence  on  the  civil  authority.  The  ecclesiastical 
system  modified  all  forms  and  practices  of  government.  The 
religious  idea  was  prominent  from  the  first  in  the  settlement 
of  the  new  continent;  and  its  power  continued  to  increase 
until  the  whole  territory  was  practically  under  the  control  of 
the  religious  orders.  The  church  system  in  America  was  a 
type  of  the  system  of  old  Spain  ;  an  expensive  system,  attended 
with  the  usual  pomp  and  ceremony,  and  with  its  hierarchy,  of 
abbots,  bishops,  and  priests,  and  the  usual  number  of  religious 
orders.  It  was  through  the  church  that  the  tithes  were  col- 
lected ;  but  by  the  bulls  of  Alexander  VI.,  and  Julius  II.,  the 
revenues  derived  from  this  source  were  made  due  to  the  king 
of  Spain,  and  were  consequently  at  his  disposal.^  The  great 
annual  expense  of  the  church  and  its  fixed  wealth  in  monas- 
teries and  churches  absorbed  much  capital  that  could  have 
been  used  for  immediate  production  of  wealth.  It  is  gener- 
ally conceded  that  the  establishment  of  so  great  a  number  of 
monasteries  in  a  new  country,  where  it  was  important  that 
the  population  should  be  rapidly  increased  and  all  of  the 
available  power  utilized,  was,  upon  the  whole,  a  great  hin- 
drance to  the  development  of  the  country,  besides  being  a 
heavy  drain  upon  the  wealth  of  the  land.  Although  it  be 
admitted  that  the  ecclesiastics  did  not  always  use  the  power 

1  Robertson,  II,  513. 


Spanish  Colonization.  55 

placed  in  their  hands  for  the  best  interests  of  the  country  and 
the  material  prosperity  of  the  colonists,  yet  it  must  be  con- 
ceded that  the  work  of  the  religious  orders  was  the  most 
sincere  and  faithful  of  that  done  under  any  part  of  the  colonial 
system.  Faulty  as  their  system  might  be,  and  ignorant  as 
were  many  of  those  who  sustained  it,  the  rule  of  the  eccle- 
siastics is,  after  all,  the  only  redeeming  feature  of  the  early 
practical  results  of  the  great  theory  of  conquest.  The  mis- 
sionaries, as  far  as  possible,  stood  between  the  natives  and 
the  Europeans,  and  shielded  the  former  from  the  oppression 
of  unjust  and  rapacious  men.^  Referring  to  the  offices  of  the 
clergy  in  the  defense  of  tile  natives,  Burke  says  :  "  This 
unfortunate  people  found  their  only  refuge  in  the  humanity 
which  remained  in  the  clergy,  and  the  influence  they  had 
upon  the  Spaniards;  though  the  clergy  who  went  out  on 
these  expeditions  were  generally  not  the  most  zealous  for 
religion;  and  were,  as  the  Spanish  clei-gy  commonly  were, 
ignorant  enough,  and  so  little  principled  in  the  spirit  of  the 
religion  they  professed,  or  in  the  nature  of  the  human  mind 
that  they  could  boast  as  a  glorious  thing,  that  one  of  them 
had  baptized  several  thousand  Indians  in  one  day  without 
the  help  of  any  miracle  for  their  conversion  and  with  a 
degree  of  good  life  which  to  say  the  least  was  nothing  more 
than  common."  ^ 

The  laws  instituted  by  the  home  government  for  the  treat- 
ment of  the  natives  have  been  called  the  wisest  of  any  ever 
recorded  to  regulate  the  treatment  of  an  inferior  race  in  a 
conquered  country  by  the  conquerors.^  However  wise  the 
laws  may  have  been  in  theory,  their  execution  in  most  cases 
must  have  been  a  failure,  xlnd  indeed  the  whole  censure 
cannot  fall  upon  the  colonists  and  those  of  the  new  country  ; 


'  Burke,  European  Sdlkments,  I,  164. 

^  Burke,  European  Settlements;  "  Leara  to  read,  write  and  say  your  prayers, 
for  this  is  as  much  as  any  American  ought  to  know."  Viceroy,  Gil  <^--  f. ■•>•«•< 
to  the  collegians,  I,  76. 

5  Burke,  I,  164. 


56  Spanish  Institutions  of  the  Southwest. 

for  those  who  made  the  laws  could  have  understood  but  little 
of  the  affairs  that  concerned  the  building  of  strong  colonies 
and  the  best  means  of  bringing  about  justice.  There  can  be, 
however,  no  excuse  made,  except  that  of  bigotry  and  ignorance, 
for  the  manner  in  which  the  hand  of  avarice  reached  out  to 
pluck  the  products  of  the  mines  and  of  the  soil,  to  sup- 
press all  self-development,  to  drain  all  accumulated  wealth 
in  order  to  support  churches  and  monasteries,  and  to  fill  the 
coffers  of  the  sovereigns  of  Spain.  The  whole  process  was 
one  of  exaction  from  the  colonists,  and  exaction  of  all  their 
possessions.  Mexico  to-day  feels  the  result  of  this  narrow 
policy  on  the  part  of  the  church  and  the  civil  power;  the 
priests  still  oppose  enlightenment,  still  oppose  the  progress  of 
the  country,  still  oppose  everything  that  tends  in  any  way  to 
better  the  life  of  human  beings.  They  are  still  holding  out 
the  consolations  of  religion  to  the  weak  and  oppressed  without 
stimulating  them  to  self  support,  self  dependence,  and  natural 
growth.  Since  the  separation  of  the  church  and  state  in  1857, 
there  has  been  some  progress  made  towards  free  education,  it 
being  compulsory  in  many  states ;  but  the  machinations  for 
evil  by  the  priests  still  continue.^ 

Not  only  does  the  vast  army  of  priests  oppose  liberty  of  con- 
science and  general  intelligence  among  the  common  people, 
but  they  are  opposed  to  the  introduction  of  industrial  improve- 
ments ;  for  they  know  that  through  these  the  monopoly  which 
the  church  claims  over  the  life  of  individuals  will  disappear. 
When  Mexico  is  covered  with  a  net-work  of  railroads,  when 
the  wooden  plow  is  replaced  by  a  modern  patent,  when  the 
farmers  use  the  threshing  machine  in  place  of  a  band  of  goats 
for  threshing  grain,  and  when  universal  free  education  has 
become  an  accomplished  fact,  then  much  of  the  trade  of  priest- 
craft will  vanish  from  the  land. 

The  system  of  slavery  established  in  America  partook  some- 
thing of  the  nature  of  feudal  vassalage,  although  it  was  not 

'  Ballou,  M.  M.,  Aztec  Land,  39. 


Spanish  Colonization.  57 

everywhere  the  same.     The  feudal  system  had  left  some  ol  it-i 
vestiges  and  forms  in  Sj)ain  as  late  as  the  conquest  of  America ; 
and  these  elements  of  a  transitional  stage  were  manifest  in  the 
treatment  of  an  inferior  nation.     Slavery  was  manifested  in 
several  different  phases  among  the  natives  of  the  New  World  ; 
it  ranged  all  the  way  from  a  mere  wardship  to  abject  servitude. 
Spain  held  the  right  to  conquer  the  Indians  ;  for  had  not  the 
Pope  granted  the  land  to  the  king  of  Spain,  and  should  he 
not  enter  upon  the  possessions  sanctioned  by  the  vicar  of  God  ? 
And  by  taking  the  proper  care  of  this  benighted  race,  it  would 
have  the  blessings  of  the  gospel  carried  to  it,  and  a  Ixtter  life 
pointed  out  to  it.     Such  was  the  theory  and  such   was  the 
claim  of  the  Spaniards  upon  the  ignorant  natives.     If  the 
natives  did  not  wish  to  yield  their  land  to  the  conquerors, 
then  they  must  suffer  the  consequences  of  resistance;  they 
must  be  slain  or  taken  prisoners  of  war  and  be  branded  and 
pass  as  slaves.     The  penalty  was  perhaps  very  severe ;  but 
they  might  have  yielded  peacefully,  and  then  there  would 
have  been  no  trouble.     Could  they  not  understand  that  the 
Spaniards  were  seeking  after  the  highest  good  of  the  Indians, 
and  were  desirous  of  winning  them  to  the  kingdom  of  Christ 
as  well  as  to  the  kingdom  of  Spain  ?    Such  was  the  reasoning 
of  those  who  sought  land  by  the  strong  arm  of  conquest,  and 
so  read  the  ancient  law.     Many  times  the  following  formula 
was  repeated  in  various  ways,  setting  forth  the  object  of  con- 
quest and  the  warrant  for  invasion.    "  The  kings,  our  progen- 
itors, from  the  discovery  of  the  West  Indies,  its  islands  and 
continents,  commanded  that  our  captains,  officers  and  discov- 
erers, colonizers,  and  all  persons  that  are  arriving  at  these 
provinces,  should,  by  means  of  interpreters,  cause  to  be  made 
known  to  the  Indians  that  they  were  sent  to  teach  them  good 
customs,  to  lead  them  from  vicious  habits  and  from  the  eating 
of  human  flesh,  to  instruct  them  in  our  holy  Catholic  faith,  to 
preach  to  them  salvation,  and  to  attract  them  to  our  dominion." 
Perhaps  Isabella  was  interested  in  the  natives,  and  really  did 
intend  to  give  them  proper  treatment;  but  succeeding  sover- 


V 


58  Spanish  Institutions  of  the  Southwest. 

eio-ns  were  too  much  engrossed  in  the  affairs  of  Europe  to 
interest  themselves  very  deeply  in  the  affairs  of  western  sav- 
ages, until  it  was  too  late  to  undo  the  great  wrongs  committed. 
In  the  early  part  of  the  conquest,  we  find  that  there  were 
frequent  revolts  of  the  half  subdued  savages,  and  many  skirm- 
ishes between  them  and  the  Spaniards.  It  was  in  the  year 
1495,  in  the  island  of  Hispaniola,  that  an  insurrection  was 
suppressed,  and  some  of  the  revolting  natives  were  killed; 
some  yielded  peacefully ;  some  were  taken  prisoners  ;  while 
others  fled  to  the  forest,  "  offering  themselves,"  says  Munoz, 
"  to  the  service  of  the  Christians,  if  they  would  allow  them  to 
live  in  their  own  ways."  ^  It  this  is  the  origin  of  the  first 
phase  of  Indian  slavery,  as  Arthur  Helps  suggests,  then  slav- 
ery came  as  a  beneficent  measure,  and  was  accepted  by  the 
natives  as  the  lesser  of  two  evils,  destruction  and  servitude. 
Columbus  ordered  that  a  tribute  of  gold  should  be  collected 
from  the  natives  that  he  might  verify  at  the  court  of  Spain 
the  fabulous  reports  of  the  wealth  of  the  New  World.  As 
the  natives  had  no  gold,  it  became  necessary  for  them  to  work 
out  the  tax  on  the  plantations  of  the  Spaniards.  This  was 
the  formal  beginning  of  the  repartimiento  system,  by  which 
lands  and  Indians  were  apportioned  to  the  invaders.  But  it 
was  not  until  1498  that  letters  patent  were  granted  to  Colum- 
bus, giving  him  power  to  grant  repartimienios  of  land  to 
Spaniards,  although  no  mention  was  made  of  the  Indians. 
The  grantee  was  "  to  have,  to  hold,  and  to  possess  "  the  land 
thus  granted  him.  Then  followed  the  advice  of  Columbus, 
that  the  crown  of  Spain  should  grant  the  use  of  the  Indians 
a  little  while,  until  the  colony  should  be  in  a  settled  state. 
This  was  granted ;  and  we  find  that  Columbus  apportioned 
certain  lands  to  individuals,  and  designated  what  lands  should 
be  worked  by  a  cacique  and  his  people.  Then  followed  the 
edict  of  the  sovereigns  addressed  to  Ovando,  providing  that 
"the  natives  be  forced  to  have  dealings  with  the  Spaniards, 

'  Arthur  Helps,  Spanish  Conquest  in  America,  1,  147. 


Spanish  Colonization.  59 

and  that  they  work  for  wages  under  the  guidance  and  over- 
sight of  caciques ;  the  natives  must  hear  mass,  and  further 
were  to  do  all  of  these  things  as  free  persons  for  so  they  were." 
Here  we  find  one  of  the  early  inconsistencies  of  Spanish 
administration.  The  natives  were  to  be  considered  as  free 
persons,  but  their  land  was  to  be  taken  from  them,  and  they 
were  forced  to  till  it  for  others ;  free  persons,  but  they  were 
forced  to  hear  mass ;  free,  but  forced  to  communicate  with  a 
race  that  does  not  hesitate  to  rob,  murder,  and  outrage  them. 
From  this  time  on  until  the  law  of  1542,  or  perhaps  until  the 
law  of  1563  was  passed,  tlie  natives  were  parcelled  out  with 
each  grant  of  land,  as  so  many  cattle,  to  till  the  soil. 

The  deed  of  these  early  grants  ran  thus :  "  To  you,  such  a 
one,  is  given  an  ecomienda  of  so  many  Indians  with  such  a 
cacique,  and  you  are  to  teach  them  the  things  of  our  holy 
Catholic  faith."  ^  The  last  clause  was  a  mere  fiction  ;  as  the 
owners  of  the  encomiendas  cared  only  for  the  labor  of  the 
natives.  Such  legislation  may  be  very  beneficent  in  senti- 
ment ;  but  it  was  childish,  to  say  the  least,  when  we  consider 
the  circumstances  and  the  persons  to  whom  such  grants  were 
made.  Thus  we  find  that  at  first  there  were  repartimientos 
of  lands,  and  then  repartimientos  or  encomiendas  of  Indians ; 
and  we  learn  that  finally  the  two  were  combined  in  one  grant, 
and  with  every  grant  of  land  was  included  a  fixed  number  of 
natives.  Although  the  grant  of  the  encomienda  of  natives 
included  only  feudal  services,  or  tribute  from  them  as  vas- 
sals, it  permitted  this  tribute  to  be  worked  out;  and  this 
system  once  begun,  there  was  no  distinction  between  it  and 
real  slavery.  The  natives  were  permitted  to  live  in  vil- 
lages, and  a  certain  number  must  go  on  service  all  or  a  part 
of  the  time  to  work  out  the  tax  or  tribute.  They  were  usually 
sent  to  the  mines  and  there  treated  as  slaves.  Such  was  the 
situation  of  the  natives  before  Mexico  was  discovered,  and 
these  plans  were  still  carried  out  in  that  country  until  a  law 

>  Herrara,  Hist,  de  las  Indias,  lib.  V,  cap.  11 ;  Helps,  I,  194. 


GO  Spanish  Institutions  of  the  Southwest. 

was  passed  abolishing  the  system  of  encomiendas.  The  laws 
continued  to  pass  tlirough  many  changes.  At  first  the  grant 
was  for  one  life,  then  for  two,  and  again  for  three,  then  four, 
and  finally  five,  until  the  Indians  were  reduced  to  an  heredi- 
tary feudal  tenure/  Even  after  the  laws  were  passed  for  the 
protection  of  the  natives,  it  was  a  long  time  before  the  Indians 
were  really  protected. 

One  of  the  early  occupations  of  the  colonists  of  New  Spain 
was  mining.  The  amount  of  gold  and  silver  that  could  be 
extracted  from  the  earth  was  a  measure  of  prosperity.  Spain 
was  still  laboring  under  the  delusion  that  gold  and  silver  are 
the  chief  causes  of  the  wealth  of  a  nation.  The  precious 
metals  were  in  great  demand  as  a  means  of  exchange ;  and 
Spain,  along  with  other  nations  of  the  period,  endeavored  to 
prohibit  their  exportation,  and  on  the  other  hand  to  induce 
their  importation.  Consequently  the  native  cupidity  of  the 
Spaniards  for  the  precious  metals  was  excited  to  its  utmost  in 
the  development  of  American  mines.  To  perform  the  heavy 
work  of  the  mines  Indians  were  necessary;  and  it  is  here  that 
the  greatest  hardships  were  imposed  upon  the  natives.  Upon 
the  whole,  the  laws  of  a  country  are  a  faithful  representation 
of  the  history  of  the  people.  Judging  from  the  great  number 
of  laws  that  have  been  made  for  the  regulation  of  mines,  and 
the  number  that  were  instituted  for  the  protection  and  use  of 
the  natives,  it  must  be  inferred,  that  there  are  here  represented 
two  important  phases  of  Spanish  colonization.  In  regard  to 
the  mining  laws,  there  was  an  established  code  regulating 
from  time  immemorial  the  ancient  mines  of  Spain ;  but  the 
regulation  of  the  natives  brought  about  an  entirely  new  phase 
of  law.  Religion,  as  we  have  seen,  also  introduced  new  con- 
ditions into  Spanish  law. 

In  the  colonies  the  Spanish  laws  prevailed  except  where 
new  cases  arising  were  provided  for  by  special  regulations 
and  fueros.      The  Siete  Partidas  and  other  bodies  of  laws 


'  Helps,  IV,  325,  et  seq. 


Spanish  Colonization.  61 

prevailed  in  the  colonies  as  well  as  on  the  continent.  But 
these  laws  could  not  meet  all  the  exigencies  of  the  case ;  con- 
sequently there  sprang  up  a  new  set  of  laws  for  the  govern- 
ment of  New  Spain.  These  laws  portray  vividly  the  attempts 
of  the  government  to  keep  the  colonies  in  a  state  of  dependence 
and  to  use  them  for  its  own  benefit.  Evidently  the  colonies 
were  regarded  as  fiefs  of  the  royal  domain,  and  the  kings  of 
Spain  looked  upon  the  colonists  as  their  vassals  or  tenants. 
The  entire  code,  created  for  the  especial  purpose  of  controlling 
the  colonists,  was  made  in  the  interests  of  the  mother  country, 
and  particularly  in  behalf  of  the  kings  of  Spain.  But  without 
skill  in  legislation  in  the  interests  of  industrial  pursuits  or 
in  political  organization,  it  was  a  difficult  task  to  njake  laws 
for  such  a  vast  empire  as  that  which  the  kings  of  Spain 
endeavored  to  rule.  Consequently  many  measures  that 
were  instituted  for  the  general  improvement  of  trade  and 
the  perfecting  of  the  civil  administration,  turned  out  to  be 
positive  evils  to  the  colonies  and  the  mother  country 
as  well. 

The  laws  which  were  enacted  in  Spain  for  the  government 
of  the  colonies  were  issued  in  the  "  form  of  cedulas,  deeretos, 
resoluciones,  ordenamientos,  reglamentos,  aides  acordados,  and 
pragmaticas."  ^  Everything  done  in  New  Spain  followed  the 
dictation  of  the  royal  government.  At  the  slightest  cause  or 
the  least  friction  in  the  governmental  machinery,  a  cedula  or 
reglaraento  was  forthcoming  with  all  the  formality  and  dig- 
nity of  the  Spanish  regime.  The  appointment  of  a  subordin- 
ate officer  must  be  accompanied  with  the  dignity  of  an  extended 
document,  legal,  explanatory,  and  didactic. 


^  Schmidt,  Civil  Law  of  Spain  and  Mexico,  93.  Cedulas  and  autos  acorda- 
dos were  orders  of  a  superior  tribunal  issued  in  the  name  and  by  the  authority 
of  the  sovereign.  Dea-elos  were  similar  orders  in  ecelesiastiail  matters. 
Ordenamientos  and  pragmaticasi  resembled  cedulas,  differing  only  in  form  and 
in  method  of  promulgation.  Reglamentos,  written  instructions  given  by 
competent  authority  without  following  any  prescribed  form.  Resoluciones 
are  opinions  given  by  a  superior  tribunal  for  the  instruction  of  an  inferior. 


62  Spanish  Institutions  of  the  Southwest. 

These  laws  became  so  numerous  that  it  was  difficult  for  the 
authorities  to  keep  informed  on  the  subject  of  administration. 
To  remedy  this,  a  complete  compilation  of  the  laws  governing 
the  colonies  was  ordered  ;  but  it  was  not  completed  until  1680, 
under  the  reign  of  Carlos  II.  This  famous  code  is  known  as 
the  "  Recopilacion  de  Leyes  de  los  Reinos  de  las  Indias," 
which  represents  a  digest  of  the  cedulas,  reglamentas,  and  so 
on,  issued  at  different  times  for  the  government  of  the  Ameri- 
can colonies.  This  code  was  limited  in  its  range  to  the  regu- 
lation of  the  military,  political,  and  fiscal  affairs  of  Spanish 
America;  and  was  consequently  a  mere  enumeration  of  excep- 
tions to  the  civil  laws  of  Spain. ^  And  it  was  expressly  stated 
in  the  Recopilacion,  that  in  cases  where  the  laws  of  this  code 
failed  to  provide,  the  laws  of  the  Kings  of  Castile  and  of  the 
Siete  Partidas  should  obtain.^  Prior  to  the  time  of  Philip  IV. 
(1621-1665),  all  laws  enacted  in  Spain  applied  equally  in  the 
colonies.  But  at  this  time  it  w^as  provided  that  no  law  enacted 
for  the  government  of  Spain  should  apply  to  America  unless 
accompanied  by  a  cedula  so  declaring  it,  sent  out  by  the  Coun- 
cil of  the  Indies.  It  necessarily  follows  that  many  laws  sub- 
sequently enacted  for  Spain  did  not  apply  to  America ;  the 
converse  is  also  true,  that  many  laws  enacted  specially  for 
America  did  not  obtain  in  Spain.  But  after  the  assembly  of 
the  Cortes  in  Spain  in  1810,  following  close  on  the  French 
Revolution,  all  new  laws  in  force  in  Spain  were  also  in  force 
in  the  American  colonies,  without  special  enactment. 

It  may  be  claimed  with  authority,  that  the  civil  laws  of 
Old  Spain  were  in  most  cases  the  laws  of  Ncm'  Spain ;  and 
that  the  Republic  of  Mexico  after  the  revolution  of  1821, 
adopted  the  Spanish  laws  for  its  government.  There  is 
therefore  but  slight  difference  between  the  Mexican  and 
Spanish  laws ;  for  the  laws  of  Spain  passed  to  America 
where  they  have  been  subject  to  slight  changes  and  new 
applications.     However,  in  recent  years  the  promulgation  of 

'  Schmidt,  95.  '  Recopilacion  de  Indias,  libro  II,  titulo  1,  ley  1. 


Spanish  Colonization.  63 

new  laws  in  Mexico  has  radically  changed  in  many  respects 
the  character  of  Mexican  jurisprudence. 

In  concluding  this  part  of  the  subject,  it  may  be  clearly 
affirmed  that  Spanish  institutions  were  inherited  by  the  Ameri- 
can colonies,  and  the  customs,  the  laws,  and  the  government 
of  Old  Spain  prevailed  in  New  Spain.  However,  there 
sprang  up  a  new  set  of  usages  in  accordance  with  the  peculiar 
condition  of  the  country,  even  though  Spain  seldom  legislated 
for  the  especial  needs  of  the  colonists.  The  system  of  Spanish 
government  usually  obtained,  and  we  find  that  the  roval 
audiencias  of  Mexico  and  Peru  attempted  to  legislate  and 
govern  in  a  manner  copied  from  the  mother  country,  and  also 
that  the'  Spanish  municipal  government  was  transplanted  to 
America.  In  dealing  with  the  natives,  a  new  and  difficult 
problem  continually  confronted  the  Spanish  sovereigns  ;  and 
in  the  zealous  work  of  the  religious  orders  and  the  church, 
Spain  was  aided  in  her  conquests,  but  frequently  hindered  in 
the  promotion  of  a  healthy  growth  of  civil  administration. 
In  her  attempts  to  control  the  trade  of  the  colonies,  the  home 
government  evinced  greater  ignorance  and  less  skill  than  even 
in  the  management  of  political  affiiirs.  In  her  general  method 
of  planting  colonies,  Spain  differs  somewhat  from  every  other 
country,  but  most  resembles  Rome.  In  government,  muni- 
cipal organization,  military  control,  laws,  administration,  treat- 
ment of  the  natives,  administration  of  religious  affairs,  and  in 
colonial  life  and  spirit,  the  Spanish  colonies  of  America  had 
little  resemblance  to  the  colonies  in  America  of  any  other 
nation,  except,  perhaps,  the  French. 


CHAPTER  V. 

Events  in  New  Spain  prior  to  the  Settlement  of 
Alt  A  California. 

There  is  no  better  illustration  of  the  philosophy  of  the 
Spanish  conquest  than  the  instructions  given  by  Velasquez, 
the  governor  of  Cuba,  to  Cortes  before  the  latter  set  out  on 
his  exploring  expedition  to  Mexico.  Velasquez  in  his  in- 
structions represented  the  sovereign  of  Spain ;  consequently 
the  document  must  have  a  high  moral  tone  and  a  sound  of 
piety ;  for  nothing  official  could  be  done  in  Spain  unless  it 
had  a  religious  and  moral  sound.  In  fact,  nationality  was 
clothed  in  a  religious  garb  obtained  by  generations  of  warfare 
with  the  infidels.  It  seems  impossible  to  suppose  that  Velas- 
quez had  any  hope  that  the  formal  instructions  would  in  any 
degree  be  fulfilled,  nor  is  it  certain  that  he  cared  greatly  about 
the  conduct  of  the  soldiers.  Cortes  was  commanded  to  make 
an  exploring  expedition,  to  search  for  Grijalva,  and  to  report 
on  the  nature  of  the  country.  He  was  given  a  code  of  rules 
for  his  conduct  and  the  conduct  of  his  men.  The  first  one 
required  the  service  of  God  in  all  things  and  the  punishment 
of  offenders  against  the  rule.^  The  commander  of  the  expe- 
dition was  told  to  observe  the  conduct  befitting  a  Christian 
soldier;  and  to  prohibit  gambling,  licentiousness,  and  blas- 
phemy among  his  men.     On  no  account  must  he  molest  the 


^  Instructions  given  by  Velasquez,  Governor  of  Cuba,  to  Cortes  on  his 
taking  command  of  the  expeditions,  dated  at  Fernandina,  October  23,  1518. 
Prescott,  Conquest  of  Mexico,  II,  514. 

64 


Neio  Spain  2'>nor  to  the  Settlement  of  Alta  California.     65 

natives,  but  peaceably  inform  them  of  the  Glory  of  God  and 
of  the  Catholic  King.*  No  conquest  was  ordered;  in  reality, 
a  conquest  was  forbidden  by  the  instructions.  His  duty,  iu 
this  respect,  consisted  in  ascertaining  the  secrets  of  the  country, 
and  in  taking  possession  iu  tlie  name  of  the  king.  But  the 
expedition  of  Cortes  was  voluntary,  and  consequently  the 
expenses  were  to  be  paid  by  the  commander.  Notwithstand- 
ing the  fair  showing  made  by  both  commander  and  governor, 
it  was  generally  understood  that  plunder  and  rapine  were  to 
be  the  reward  of  the  expedition.  There  was  to  be  a  continua- 
tion of  those  terrible  atrocities  that  had  been  hitherto  practiced 
by  the  "  wolves  of  Spain  "  on  the  defenceless  natives. 

Obedient  to  command  and  the  Spanish  religious  formula 
of  procedure,  Cortes  chose  for  his  banner  a  red  cross  on  black 
taffeta,  surrounded  with  the  royal  arms  and  embroidered  iu 
blue  and  gold.  Inscribed  on  the  border  was  the  following 
motto,  "  Amici,  sequamur  crucem,  et  si  nos  fidem  habemus, 
vere  in  hoc  signo  vicemus."  ^  He  also  proclaimed  the  primary 
motive  of  the  expedition  to  be  the  spiritual  conquest  of  the 
country,  without  which  temporal  acquisition  would  be  unjust. 
While  he  and  his  followers  were  absorbed  by  the  primary 
motives  of  political  and  financial  gain,  Cortes  did  not  forget 
the  sacred  motto  under  which  he  fought,  and  to  which  he 
attributed  his  success.  Religious  exercises  w6re  held  regu- 
larly throughout  the  campaign ;  and  the  friars  who  accom- 
panied the  expedition  found  steady  employment  in  the  pursuit 
of  their  calling.  The  soldiers  were  inspired  by  their  presence 
while  fighting  and  plundering,  and  the  outward  forms  of 
religion  were  practiced  daily;  for  to  neglect  ceremony  was 
rank  heresy,  and  in  those  days  there  was  no  crime  like  heresy. 

The  story  of  the  conquest  of  the  New  World  by  the  Spaniards 
has  often  been  related.     The  soldiers  and  adventurers  had  but 


1  Bancroft,  Mexico,  I,  54 ;  Prescott,  Conquest  of  Mexico,  II,  515. 
'^  Icazbalceta,  Documentos  -para  la  historia  de  Mexico,  II,  554;   Bancroft, 
Mexico,  I,  59 ;  Torquemada,  Monarchia  Indiana,  I,  364. 

5 


QQ  Spanish  Institutions  of  the  Southwest. 

one  common  thought :  plunder  and  gold ;  and  this  was  the 
uppermost  idea  in  the  early  explorations  in  New  Spain.  Upper- 
most in  the  medley  of  conflicting  motives  that  animated  the 
conquest,  we  find  avarice  in  the  crown,  thirst  for  gold  in  the 
adventurer,  and  in  the  ecclesiastic,  ambition  to  extend  the 
power  of  his  order.  But  the  dominant  motive  that  charac- 
terized the  conquest  in  New  Spain,  was  a  desire  for  gold  and 
a  thirst  for  power.  In  considering  this  Burke  says  :  "  What 
animated  these  adventurers  at  the  same  time  that  it  fixed  a 
stain  upon  all  their  characters  is  that  insatiable  thirst  for  gold 
which  appeared  uppermost  in  all  of  their  transactions.  This 
disposition  had  been  a  thousand  times  extremely  prejudicial 
to  their  aifairs.  It  was  particularly  the  cause  of  the  confusion 
and  rebellion  in  Hispaniola;  yet  had  it  not  been  for  this 
incentive  which  kindled  the  spirit  of  discovery  and  coloniza- 
tion, first  in  Spain  and  Portugal,  and  afterwards  in  all  parts  of 
Europe,  America  would  never  have  been  in  the  condition  she 
now  is ;  nor  would  these  nations  ever  have  had  the  beneficial 
colonies  which  are  now  established  in  every  part  of  the 
country.  ...  It  was  necessary  that  there  should  be  some- 
thing of  an  immediate  and  uncommon  gain  fitted  to  strike 
the  imagination  of  men  forcibly,  to  tempt  them  to  such  haz- 
ardous designs."  ^  In  the  attempt  to  excuse  the  conduct  of 
the  invaders,  it  is  plain  that  the  distinguished  statesman  had 
in  mind  the  English  theory  that  colonies  are  established  and 
exist  solely  for  the  pecuniary  benefit  of  the  mother  country. 
But  to  overcome  a  people  for  the  sake  of  plunder,  or  to  estab- 
lish colonies  that  oppress  the  people  simply  to  enable  the  home 
government  to  grow  rich  or  carry  on  its  barbarous  wars,  is  far 
from  the  ideal  method  of  propagating  an  enlightened  civiliza- 
tion and  aiding  the  development  of  a  new  country  through 
the  beneficent  rule  of  a  prosperous  and  happy  people.  Per- 
haps the  New  World  was  in  this  way  more  rapidly  opened  up 
to  the  use  of  the  Old,  but  it  was  a  terrible  process. 

^  Burke,  European  Settlements,  I,  76. 


New  Spain  lyrior  to  the  Settlement  of  Alia  California.     67 

In  an  incredibly  short  time,  the  adventurers  of  Spain  over- 
ran the  country.  They  plunged  into  forests,  crossed  rivers, 
ascended  mountains,  and  endured  hardships  and  fatigue,  led 
on  by  mad  visions  of  sudden  wealth.  No  matter  how  fertile 
the  soil,  how  pleasant  its  climate,  or  how  rich  its  vegetation, 
no  land  could  tempt  him  to  settle.  The  Spaniard  was  a 
swift,  terrible,  and  cruel  conqueror,  who  sought  only  plunder 
and  gold  in  his  merciless  conquest.  Let  us  not  pause  to 
recount  the  history  of  the  conquest  with  its  tales  of  cruelty 
and  horror,  nor  to  relate  the  exploits  of  its  intrepid  com- 
mander. However  interesting  the  civilization  of  the  natives, 
which  was  supplanted  by  the  religion,  government,  and  cus- 
toms of  the  Spaniards,  and  however  exciting  the  movements 
of  armed  warriors  among  the  helpless  Indians,  we  must  pass 
these  by  to  investigate  the  nature  of  the  government  insti- 
tuted by  Cortes. 

The  first  government  of  New  Spain  was  the  creation  of 
Cortes,  during  the  period  of  invasion  and  conquest.  In  order 
to  free  himself  from  the  authority  of  the  superior  officer 
Velasquez,  the  governor  of  Cuba,  who  became  his  enemy 
through  jealousy,  Cortes  conceived  the  plan  of  forming  a 
new  government,  placing  himself  at  the  head,  and  receiving 
the  direct  recognition  of  the  king  of  Spain.  His  first  move 
was  to  assemble  the  principal  members  of  his  army,  whom  he 
caused  to  elect  a  council  and  magistrates.  He  formed  the 
new  government  upon  the  model  of  the  Spanish  corporation. 
The  magistrates  and  officers  took  the  names  of  similar  officials 
in  a  Spanish  town.  Having  nominated  the  alcaldes,  the  regi- 
dores,  the  alguazil,  and  other  functionaries,  who  were  properly 
sworn  into  office,  Cortes  tendered  his  resignation  as  Captain- 
General,  and  left  the  council  of  the  Villa  Rica  de  Vera  Cruz 
to  its  own  deliberations.^  The  council  speedily  elected  Cortes, 
in  the  name  of  their  "  Catholic  Highnesses,"  Captain-General 


iPrescott,  Conquest  of  Mexico,  I,  276;  Robertson,  History  of  America,  II, 
24;  Carta  de  Vera  Cruz,  Prescott,  Conquest,  II,  521. 


68  Sj)anish  Institutions  of  the  Southwest. 

and  chief  Justice  of  the  colony ;  and  he  was  empowered  to 
receive  on  his  own  account  as  representative  of  the  Sovereign, 
one-fifth  of  all  the  precious  metals  to  be  hereafter  obtained 
from  the  natives  thi'ough  commerce  or  conquest.  After  the 
foundation  of  the  Villa,  the  officers  and  citizens  dispatched  a 
letter  to  their  royal  highnesses  the  sovereigns  of  Spain,  defin- 
ing their  position,  and  explaining  the  nature  of  the  new  muni- 
cipality.^ The  formation  of  the  Villa  of  Vera  Cruz  represents 
a  direct  continuance  of  the  Spanish  municipality,  a  transferance 
of  Spanish  institutions  to  America. 

Cortes  continued  to  form  other  municipalities  as  occasion 
seemed  to  demand ;  but  there  was  no  regular  system  either 
of  town  government  or  provincial  administration  enforced 
until  a  later  date.  He  was  acting  military  governor  of  the 
conquered  territory,  and  as  such  exercised  supreme  authority, 
although  his  election  as  Captain-General  by  the  members  of 
the  army  acting  in  the  capacity  of  a  town  council,  was  not 
sanctioned  by  the  sovereigns  of  Spain  until  three  years  and 
four  months  after  he  entered  upon  his  active  duties.  Such 
was  the  slow  movement  of  administration  in  those  times. 
Having  acquired  the  title  of  Captain-General,  Cortes  was 
quick  to  seize  and  hold,  as  best  he  might,  the  power  of  abso- 
lute authority.  From  this  time  forth,  he  acted  as  ruler  of 
the  conquered  territory,  assuming  responsibility  to  the  king 
alone.  With  the  king's  sanction,  he  continued  to  be  the 
chief  officer  in  New  Spain  until  the  creation  of  the  supreme 
audiencia. 

Soon  after  the  conquest  of  the  city  of  Mexico,  Cortes  rebuilt 
it  and  formed  it  into  a  town  corporation.  He  granted  to  those 
who  wished  to  settle  in  the  town  lots  for  building  purposes 
(solares),  and  appointed  the  alcaldes  and  the  regidores  of  the 
new  municipality.^  The  city  was  rebuilt  under  great  toil  and 
discouragement ;  but  the  soldiers  managed  and  the  natives  did 


^  Helps,  The  Spanish  Conquest  in  America,  II,  250. 
^  Helps,  Spanish  Conquest,  III,  20. 


New  Spain  prior  to  the  Settlement  of  Alta  California.     69 

the  severe  work,  carrying  the  timbers  a  great  distance.  In 
all  of  this,  Cortes  managed  everything  with  consummate  skill. 
The  aqueduct  for  the  conveyance  of  water  was  repaired,  old 
houses  remodeled,  and  new  ones  built ;  and  the  people  who 
had  departed  from  the  city  were  re-collected.  Thus  Mexico 
continued  to  be  as  it  had  been  for  many  years,  the  chief  ruling 
city  of  the  provinces.  It  seems  that  other  towns  were  created ; 
and  by  this  and  other  evidences  we  may  discover  something 
of  the  loose  nature  of  the  military  government  which  he 
established ;  a  loose  government  with  numerous  municipalities 
interspersed.  His  long  marches  to  quell  rebellious  natives,  and 
the  interference  of  his  enemies  with  his  every  attempt  to  estab- 
lish Spanish  dominion,  would  not  permit  him  to  establish  a 
permanent  civil  government.  Finally  through  the  machina- 
tions of  his  enemies,  he  was  recalled,  and  a  residenda  appointed 
through  the  king's  justiciar  Ponce  de  Leon. 

The  term  residencia  is  applied  to  the  process  of  sending  out 
to  relieve  the  incumbent  of  office  for  the  time  being,  a  royal 
officer,  who  assumes  all  of  the  functions  of  the  officer  relieved, 
and  proceeds  to  sit  as  a  judge  to  hear  evidence  against  him. 
The  origin  of  the  word,  from  the  Latin  residere,  meaning  to 
reside,  explains  a  survival  of  an  old  Roman  idea  in  govern- 
ment. In  the  Roman  Republic,  officers  were  responsible  to 
the  people  and  to  the  courts,  and  could  be  brought  to  account 
after  the  close  of  their  term  of  office.  The  Spanish  officer  was 
required  to  remain  on  the  territory  for  a  certain  length  of 
time  after  yielding  the  insignia  of  his  office  to  others,  that  he 
might  render  an  account  of  any  misdemeanor  committed 
during  his  official  term.  If  an  officer  was  accused  of  mis- 
demeanor, this  was  equivalent  to  a  process  of  trial.  Helps 
'  traces  this  principle  of  law  to  the  Theodosian  Code,  and  infers 
that  it  was  continued  in  the  Visigothic  Code,  which  was  made 
in  part  from  the  Theodosian.^  That  the  custom  has  its  origin 
in  Roman  jurisprudence  no  one  can  doul>t.     The  residencia  of 


^Spanish  Conquest,  III,  141. 


70  Spanish  Instiiuiions  of  the  Southwest. 

Cortes  lasted  but  seventeen  days,  on  account  of  the  early  death 
of  the  judge  of  residence,  although  the  usual  term  was  from 
thirty  to  fifty  days ;  and  in  some  instances  the  residencia  was 
allowed  to  drag  its  slow  length  for  a  number  of  years.  Let 
it  be  stated  that  during  this  time  the  jealous  enemies  of  Cortfe 
could  find  nothing  against  his  administration.  However,  the 
event  caused  a  change  in  the  method  of  government,  which 
became  more  permanent  and  orderly. 

The  presence  in  New  Spain  of  a  supreme  audiencia,  created 
at  this  same  time,  gave  a  new  aspect  to  the  affairs  of  govern- 
ment. This  body  was  created  by  Charles  Y .  and  his  ministers 
in  the  year  1626,  and  henceforth  became  a  permanent  institu- 
tion of  the  government  in  the  Spanish  possessions.  The 
government  of  the  Viceroys  in  New  Spain,  which  obtained 
after  the  settled  state  of  affairs,  was  in  theory  subject  to  the 
Supreme  Audiencia  in  judicial  matters  ;  but  not  infrequently 
the  vice-kings  of  the  provinces  overstepped  the  bounds  of 
their  even  royal  prerogativ'e,  and  interfered  with  the  adminis- 
tration of  justice.  The  viceroy  ruled  with  absolute  authority  ; 
he  was  the  type  of  the  sovereign  of  Spain,  and  frequently 
outstripped  him  in  assuming  power.  The  Court  of  Mexico 
was  patterned  after  the  Court  of  Madrid ;  and  was  accom- 
panied by  all  the  pomp,  show^  and  glitter  of  the  royal 
administration  of  the  sixteenth  century.  They  were  kings 
in  Mexico  as  truly  as  the  sovereigns  of  Spain  were  kings  of 
the  Old  Dominion,  with  the  slight  exception  that  they  were 
amenable  to  the  Emperor  for  their  conduct,  and  derived  their 
glory  from  him.  In  the  government  established  under  the 
viceroys,  there  seem  to  have  been  a  few  dominant  principles 
that  were  always  adhered  to,  no  matter  what  attempts  were 
made  to  frame  good  laws  for  the  protection  of  the  natives,  or 
for  the  benefit  of  the  Spanish  Colonists.  Whatever  the  theory 
of  this  government  might  have  been,  it  seems  that  in  practice 
to  obtain  the  largest  possible  sum  for  the  royal  treasury,  to 
build  up  and  strengthen  home  industries  and  the  home  gov- 


New  Spain  j)rior  to  the  Settlement  of  Alta  California.     71 

ernment,  and  to  extend  the  dominion  of  the  church,  repre- 
sented the  chief  office  of  the  government. 

The  government  of  Mexico  was  greatly  modified  at  an  early 
date  by  the  arrival  of  the  religious  orders.  The  close  union 
of  Church  and  State  made  interference  possible  on  the  ])art  of 
the  religious  orders  and  secular  clergy.  They  exercised  a 
watchfulness  over  the  affairs  of  the  government,  and  this  led  to 
great  contention,  many  laws,  and  not  a  few  changes  in  policy. 

Cort6s  favored  the  religious  orders  rather  than  tiie  regular 
clergy,  as  best  calculated  to  do  the  proper  work  in  a  new 
country,  and  less  liable  to  establish  a  hierarchy  of  power. 
For  this  and  other  reasons,  we  find  that  the  members  of  the 
orders  multiplied  to  a  great  extent  in  proportion  to  the  secular 
clergy.  From  the  very  beginning  of  the  expedition  of  Cortes, 
friars  and  ecclesiastics  accompanied  the  army,  to  administer  to 
the  spiritual  wants  of  the  soldiers,  and  to  preach  the  gospel 
to  the  natives  when  opportunity  presented.  History  shows 
that  for  a  long  time  they  were  busily  occupied  in  praying  for 
the  success  of  the  invaders,  and  absolving  those  who  committed 
crimes  and  sins.  Friar  Melgarejo  came  to  Mexico  as  early  as 
1522  on  a  special  mission  to  grant  indulgence  to  those  who 
had  committed  blasphemy,  or  outrage  against  the  defenseless 
natives.  On  his  return  he  carried  with  him  a  large  sum  of 
money  which  was  lost  in  a  storm  at  sea.  Later  came  Father 
Otondo  and  his  followers,  and  the  conversion  of  the  natives 
began  in  earnest.  Soon  we  find  friars  everywhere  preaching 
to  the  Indians,  whose  conversion  was  rapid  indeed  if  we  credit 
the  stories  told  by  the  missionaries  themselves.  Father  Gaute 
himself  writes  without  hesitation  that,  with  the  aid  of  a  com- 
panion, he  had  baptized  eight,  ten,  and  sometimes  fourteen 
thousand  Indians  in  a  day.^  The  ceremony  could  not  have 
been  very  complete  in  each  case;  there  must  have  been  a 
general  process  for  admission  into  the  church.  After  bap- 
tism,  the  natives  were   taught  to  say  prayers  and   engage 


Bancroft,  Mexico,  II,  175. 


72  Spanish  Institutions  of  the  Southwest. 

in  other  religious  practices,  and  were  instructed  in  the  ele- 
ments of  learning ;  although  the  children  were  the  only  ones 
o-reatly  influenced  either  by  religion  or  education.  It  is  said 
that  they  learned  very  rapidly,  especially  in  those  branches 
requiring  great  power  of  imitation.  It  was  the  delight  of  the 
fathers  that  the  natives  took  great  interest  in  music,  and  could 
be  trained  in  vocal  exercises  and  on  the  stringed  instruments 
for  the  church  service. 

There  was  a  constant  feud  between  the  religious  and  the 
secular  clergy  which  led  to  contention  among  themselves. 
There  was  also  a  strife  between  the  friars  and  the  civil 
authorities,  chiefly  on  account  of  the  management  of  the 
Indian  affairs.  Add  to  these  facts  that  the  two  chief  orders, 
the  Dominicans  and  the  Franciscans,  were  bitter  enemies ; 
and  we  have  a  perplexing  state  of  affairs.  This  was  not 
improved  by  the  advent  of  the  Jesuits,  who  pushed  their 
enterprises  everywhere,  and  opposed  all  who  in  the  least 
interfered  with  the  progress  of  their  order.  The  Francis- 
cans came  to  New  Spain  in  1 524,  and  were  the  first  author- 
ized by  the  king  of  Spain  to  engage  in  missionary  work  in 
Mexico.  They  were  supported  by  alms,  which,  collected  in 
large  amounts,  were  used  to  build  churches  and  convents. 
Their  first  province  included  the  city  of  Mexico,  where  the 
famous  college  of  San  Fernando  was  established,  the  institu- 
tion that  figured  so  conspicuously  in  subsequent  colonization. 
It  became  the  mother  of  all  of  the  Franciscan  missions  in 
California  and  Mexico.  The  order  of  Carmelites  came  to 
Mexico  in  1585,  and  commenced  immediate  work  with  the 
Indians.  Subsequently  they  became  very  wealthy,  owning  as 
they  did,  "  estates  in  San  Luis  Potosi  extending  from  the  Capi- 
tal to  Tampico — 120  leagues."  ^  The  Benedictines  arrived  four 
years  later  and  were  followed  soon  after  by  the  Dominicans. 
The  latter  order  was  very  poor ;  for  it  held  its  members  to 
the  strict  rules  of  poverty,  and  forbade  their  meddling  with 

^Bancroft,  Mexico,  II,  712. 


Neio  Spain  prior  to  the  Settlement  of  Alta  Califoimia.     73 

political  affairs  or  in  any  way  interfering  with  the  officials 
in  charge. 

"  The  missionary  array  of  New  Spain  was  greatly  strength- 
ened in  1572  by  the  accession  of  the  Society  of  Jesus.     The 
Jesuits  had  already  missions  planted  in  Habana  and  Florida."^ 
They  built  colleges  and  schools  for  the  education  of  Spanish 
children,  and  showed  great  vigor  and  earnestness  in  tiie  work 
of  converting  the  natives.     They  showed  the  same  spirit  here 
that  had  characterized  them  from  their  earliest  foundation. 
Called  into  being,  at  a  time  when  other  orders  in  Europe  had 
fallen    into  disrepute,  for  the  purpose  of  strengthening  the 
Papal  power  by  placing  his  authority  supreme  above  every 
other,  by  fighting  heresy,  and  by  extending  the  dominion  of 
the  Church  through  missionary  labor,  they  represented  the 
most   remarkable    religious    organization  that   ever   existed, 
unless  it  be,  perhaps,  the  Roman  Church  itself.     Organized  in 
1534,  by  Ignatius  Loyola,  confirmed  in  1540,  by  Paul  III., 
the  order  soon  had  its  members  all  over  the  world :  in  the 
catholic  home,  in  the  royal  chamber,  in  protestant  lands,  and 
in  the  savage  wilderness.      The  order  had  the  strength  of 
a  military  organization,  and  the  silent  working  of  a  secret 
police.     Notwithstanding  their  oath  of  absolute  obedience  to 
the  Pope,  their  creed  professed  above  everything  else,  the 
good  of  the  order,  "which  was  the  way  to  God;"  conse- 
quently  they    were   frequently   found    in   conflict    with  the 
temporal  authority  and  with  the  Church  itself.      "It  was 
everywhere  by  the  same  means,"  says  Greisinger,  "  and  the 
same  way,  namely,  by  the  establishment  of  educational  insti- 
tutions, by  the  seizure  of  the  confessional  stools  of  kings,  by 
fighting  with  heresy,  by  the  incorporation  of  the  most  power- 
ful forces  into  their  order,  as  also  by  their  fanatical  influence 
on  the  great  mass  of  the  people,  that  they  succeeded." "     By 
their  severe  discipline,  their  earnestness,  and  frequently  by 


Bancroft,  ^fexico,  IT,  699.  '  Greisinger,  The  Jesuilf,  T,  145. 


74  Spanish  Institutions  of  the  Southwest. 

crafty  planning, — for  with  them  the  "  end  justified  the 
means," — they  carried  force  Avherever  they  went,  and  suc- 
ceeded where  others  failed.  But  they  became  by  an  excessive 
development  of  the  above  qualities  obnoxious  to  all  orders, 
creeds,  and  nations.  They  were  finally  expelled  from  Spain 
and  her  colonies  in  1767,  and  consequently  were  banished 
from  Mexico  soon  after.  They  were  the  most  energetic  colo- 
nizers that  Spain  had  in  the  New  World,  and  their  work  had 
great  influence  in  giving  shape  to  the  new  policy  and  laws  of 
domesticating  the  Indians.^  Their  zeal,  patience,  and  perfect 
organization,  made  them  useful  allies  of  the  Spanish  govern- 
ment ;  although  they  were  always  coming  in  contact  with  the 
soldiers  and  local  authorities.  They  did  everything  in  the 
name  of  the  king  as  well  as  in  the  name  of  the  Church  and  of 
their  order. 

It  is  evident  that  these  religious  orders  were  of  great  use 
to  the  civil  authorities  in  pushing  explorations  and  making 
settlements  on  the  frontier.  It  mattered  not  how  barren 
the  country,  how  desolate  and  unproductive,  wherever 
natives  dwelt  there  were  to  be  found  the  members  of 
some  religious  order  attempting  to  convert  the  Indians. 
The  missionaries  were  foremost  in  every  expedition,  first  in 
the  establishment  of  permanent  settlements,  always  contending 
against  encroachment  upon  their  rights  and  the  rights  of  the 
natives ;  they  thus  frequently  came  in  conflict  with  the  civil 
authority  on  questions  of  government  and  law,  of  the  rights 
of  property  and  of  person  ;  and  it  was  through  their  influence 
that  the  beneficent  laws  were  made  for  the  treatment  of  the 
natives  of  New  Spain.  But  with  all  of  this  we  must  record 
their  interference  many  times  with  the  best  interests  of  the 
country.  In  attempting  to  make  the  conversion  of  the 
natives  the  only  object  of  Spanish  occupation,  they  frequently 
lost  both  civil  and  religious  influence,  and  retarded  the  pro- 
gress of  civil  and  religious  occupation.     It  must  be  urged 

1  See  Chapter  VII. 


New  Spain  prior  to  the  Settlement  of  Alta  California. 


to 


that,  in  seizing  and  holding  such  great  amounts  of  proi)erty 
by  building  churches  and  monasteries  and  making  collections 
for  tithes,  they  abstracted  large  amounts  of  wealth  that  should 
have  been  applied  to  productive  industries.  The  events  which 
are  about  to  be  related  of  the  attempts  to  explore  and  settle 
the  northwest  show  clearly  how  useful  they  were,  and  also 
how  they  sometimes  hindered  progress.  Their  history  is  full 
of  alternate  success  and  failure. 

Cortes  continued  his  explorations  in  the  northwest  until, 
as  late  as  1535,  he  discovered  the  Peninsula  of  Lower  Cali- 
fornia. From  that  time  on,  there  were  repeated  attempts  to 
settle  the  territory  to  the  north.  Expedition  after  expedition 
was  fitted  out,  and  attempt  after  attempt  made  to  occupy  the 
land ;  but  all  failed  until  another  century  had  dawned.  In 
the  interior,  explorations  were  also  made  to  the  far  north  in 
the  effort  to  discover  wealthy  cities  and  thickly  populated 
territories. 

It  is  not  necessary  to  repeat  the  story  of  the  dangerous  and 
generally  fruitless  expeditions  of  those  who  attempted  to  push 
exploration  to  the  northwest ;  but  it  may  be  well  to  bring  to 
our  minds  some  of  the  more  important  adventures,  on  account 
of  their  historical  relation  to  what  follows.  To  Hernando 
Cortes  must  be  given  the  honor  of  discovering  and  naming 
the  Gulf  and  peninsula  of  Ix)wer  California.  As  early  as 
1522,  this  bold  navigator  had  founded  the  city  of  Zacatula  on 
the  Pacific  coast,  and  there  began  to  build  a  fleet  to  be  used 
in  extending  exploration  to  the  Northwest  coast  and  the 
Pacific  Ocean.  At  that  time  it  began  to  be  evident  to  a  few 
that  Mexico  was  not  a  part  of  Asia ;  and  Cortes  planned  to 
follow  the  coast  and  find,  if  possible,  the  mythical  strait  of 
Anian  ;  and  thus  solve  the  great  "  Northern  Mystery,"  con- 
cerning the  connection  of  the  two  oceans.^  The  plans  of 
the  great  conqueror  were  retarded  on  account  of  the  time  and 
attention  that  he  was  forced  to  give  to  the  territories  that  he 

1  See  Chapter  VI. 


76  Spanish  Institutions  of  the  Southwest. 

had  already  over-run  and  had  not  completely  subdued.  He 
sent  out  an  expedition  under  Grijalva  in  1534  to  explore  the 
coast  northward,  but  it  ended  in  a  total  failure.  Grijalva 
discovered  a  bay  extending  into  the  peninsula  of  California, 
which  he  at  first  called  La  Paz,  and  afterward  Santa  Cruz  ; 
although  theythought  it  an  inland  bay  of  a  rocky  coast  rather 
than  the  peninsula  that  it  proved  to  be.  It  was  this  expe- 
dition which  discovered  the  presence  of  pearls  in  the  northern 
waters.  In  the  following  year,  Cortes  commanded  in  person 
a  new  exjjedition  into  the  same  region,  which  resulted  in 
nothing  of  permanent  value.  He  departed  from  Chametla 
with  over  a  hundred  men,  with  whom  he  intended  to  plant  a 
colony.  Following  his  predecessor,  he  entered  the  bay  of 
La  Paz,  which  he  called  Santa  Cruz ;  explored  the  coast  of 
the  peninsula,  and  left  a  portion  of  the  colonists  in  its  barren 
territory.  The  colony  was  a  failure,  and  Cortes  was  obliged 
to  send  for  the  colonists  to  save  them  from  starvation. 
It  was  from  this  expedition  that  the  name  California  arose ; 
a  name  to  be  applied  to  the  peninsula  and  the  country  north. 
Other  explorations  followed.  Ulloa  reached  the  head  of  the 
Gulf  of  California  in  1539,  and  Cabrillo  sailed  up  the  coast, 
touching  at  San  Diego  and  the  Santa  Barbara  Islands,  and 
finally  reached  a  latitude  in  the  region  of  Cape  jNIendocino. 
This  was  in  1542.  The  celebrated  voyage  of  Yiscaino 
occurred  at  the  beginning  of  the  eighteenth  century,  during 
which  the  port  of  Monterey  was  discovered  and  entered.  All 
of  these  expeditions  tended  to  give  some  knowledge  of  the 
coast  and  to  enshroud  it  in  deeper  mystery.  Meanwhile  the 
missionaries  were  establishing  their  stations  in  the  interior  and 
extending  them  to  the  far  north.  The  famous  exploit  of 
Cabeza  de  Vaca,  in  his  will-o'-the-wisp  journey  across  the 
continent;  the  exploration  of  Marcos  de  Nizza  and  his  wonder- 
ful stories ;  the  long  march  of  Coronado  in  the  search  for  the 
Seven  Cities  of  Cibola ;  and  the  subsequent  settlement  of  New 
Mexico  by  Juan  de  Onate,  demonstrate  the  intense  desire  of 
the  Spaniards  to  reach  this  northern  country,  and  that  of  the 


k 


New  Spain  prior  to  the  Settlement  of  Alia  California.     11 

friars  to  carry  the  Gospel  to  the  natives.  As  a  result  of  these 
explorations  a  few  rich  mines  were  opened,  a  few  })lantatious 
established,  a  few  towns  built,  and  many  missions  established. 
Upon  the  whole  the  explorations  were  unsatisfactory  to  those 
who  made  them ;  but  they  were  the  first  steps  toward  tlie 
final  settlement  of  the  provinces  in  which  they  were  made. 
The  only  results  that  could  in  any  way  satisfy  the  avarice  of 
the  adventurers  accompanying  these  expeditions  was  the  dis- 
covery of  rich  pearl  fisheries  in  the  Gulf  of  California.  Ever 
since  the  return  of  Juan  de  Iturbide  with  a  number  of  choice 
pearls,  one  of  which  was  valued  at  one  thousand  pounds  ster- 
ling/ the  cupidity  of  the  Spaniards  had  been  greatly  excited, 
and  they  hastened  to  profit  by  the  new  enterprise.  The 
fisheries  became  so  extensive  as  to  yield  a  revenue  to  the 
crown  as  well  as  to  the  numerous  persons  engaged  in  them. 
Not  less  than  $480,000  worth  of  pearls  were  taken  in  a  sin- 
gle season.^  This  industry  centered  the  thought  of  the  people 
on  the  Californias,  and  a  more  determined  eifort  was  made 
to  settle  these  provinces.  But  attempt  after  attempt  of  the 
government  to  plant  successful  colonies  failed. 

The  authorities  now  proposed,  owing  to  these  failures  and 
the  supposed  necessity  of  the  early  occupation  of  the  pro- 
vinces, that  the  work  of  settlement  should  be  given  into  the 
hands  of  the  Jesuits.  Venegas,  the  priest-historian,  with 
much  enthusiasm  for  his  order,  records,  "  We  have  seen  the 
zeal  with  which  the  conquest  of  California  was  prosecuted  for 
the  space  of  two  centuries  after  the  discovery  and  conquest  of 
New  Spain ;  at  the  same  time  there  was  little  or  no  fruit  of  the 
repeated  expeditions.  In  it  the  great  conqueror  Hernando 
Cortes  employed  all  of  his  forces  in  repeated  attempts. 
His  example  stimulated  many  private  persons;  governors, 
admirals,  and  viceroys  entered  into  it  on  their  own  account. 
At  last  the  kings  of  Spain  took  the  work  into  their  hands ; 
yet  all  the  result  of  such  vast  expenses,  such  powerful  efforts, 


'  Venegas,  Noticias,  Part  II,  section  4.  "  Forbes,  California,  68. 


78  Spanish  Institutions  of  the  Southwest. 

was  that  the  reduction  of  California  was  considered  impos- 
sible; and  so  indeed  it  was  by  the  means  made  use  of  by 
men,  but  not  by  those  means  which  God  had  chosen.  Arms 
and  power  were  the  means  on  which  men  relied  for  the  suc- 
cess of  this  enterprise.  But  it  was  the  will  of  God  that  this 
triumph  should  be  owing  to  the  meekness  and  courtesy  of  His 
ministers,  to  the  humiliation  of  His  cross,  and  the  power  of 
His  word.  God  seemed  only  to  be  waiting  until  human  force 
acknowledged  its  weakness,  to  display  the  strength  of  His 
Almighty  Arm,  confounding  the  pride  of  the  world  by  the 
weakest  instruments.  Possibly  God  was  not  pleased  to  coun- 
tenance the  first  enterprises  concerning  California  while  the 
capital  object  was  temporal  good,  and  religion  only  a  secondary 
motive.  And  on  the  contrary  He  prospered  the  design  when 
His  kingdom  was  the  motive,  and  advantage  of  the  monarchy 
considered  only  as  a  possible  consequence."  ^  This  lengthy  quo- 
tation has  been  given  to  illustrate  the  attitude  of  the  faithful 
missionaries  toward  the  conquest  and  settlement  of  the  pro- 
vinces of  New  Spain.  It  had  become  evident  to  the  Spanish 
authorities  that  the  barren  waste  called  California  could  not  be 
colonized  by  any  ordinary  process.  There  was  nothing  to 
induce  settlement ;  and  the  explorations  already  made  had 
been  prosecuted  at  an  immense  cost  to  the  government,  and 
with  little  return.  The  last  expedition  to  the  province,  before 
it  passed  under  the  Jesuit  rule  of  Admiral  Otondo  accompanied 
by  Father  Kuhn,  had  cost  the  government  $225,000.^  But 
why  should  the  government  delay  longer,  while  there  were 
men  willing  to  be  used  for  the  purpose,  who  would  pay  their 
own  expenses  and  reduce  the  country  on  their  own  responsi- 
bility ?  There  were  no  wealthy  cities  to  plunder,  no  rich 
mines  to  explore,  indeed  but  a  limited  amount  of  fertile  soil 
to  till.  So  the  government  by  a  stroke  of  policy  made  over 
the  whole  enterprise  to  the  order,  taking  no  part  in  it  save 
that  of  granting  the  Fathers  permission  to  enter  the  country, 

^  Venegas,  Notieias,  III,  1-3.  -  Venegas,  Part  II,  section  4. 


New  Spain  prior  to  the  Settlement  of  Alta  Califoniia.     79 

to  enlist  soldiers  on  their  own  account,  and  to  exercise  sole 
authority  over  all  concerned  in  the  enterprise.'  It  was  pro- 
vided on  the  other  hand  that  the  Fathers  should  take  posses- 
sion in  the  name  of  the  king  of  Spain,  and  that  the  expedi- 
tion should  in  no  way  be  burdensome  to  the  government.  It 
is  evident  that  the  sovereigns  of  Spain  knew  how  to  turn  to 
account  the  religious  zeal  of  the  friars.  On  the  part  of  the 
Jesuits  there  was  no  object  in  taking  up  such  a  work  except 
the  conversion  of  the  natives,  in  which  the  Fathers  manifested 
an  untiring  zeal. 

It  was  in  the  year  1697,  over  one  hundred  and  fifty  years 
after  the  discovery  of  the  country  by  Cortfe,  that  the  Jesuits, 
under  Salvatierra,  the  President  of  the  missions,  entered  the 
barren  peninsula  of  Lower  California.  Their  missions  had 
already  extended  up  the  coast  on  the  main  land,  and  the 
Franciscans  had  developed  to  the  northward  on  the  east  side 
of  the  mountains.  The  explorations  of  the  secular  authori- 
ties had  led  to  numerous  permanent  settlements,  and  their 
endeavors  were  in  so  far  successful ;  but  the  attempt  was 
difficult  enough.  A  great  barrier  lay  between  the  colonies 
and  settlements  of  New  Spain  and  the  rich  countries  of  the 
north ;  and  this  barrier  was  California.  It  was  given  into 
the  hands  of  the  Jesuits  as  a  last  resort,  and  ".ell  did  they 
accomplish  their  work.  Whatever  may  be  said  of  the  machi- 
nations of  the  Jesuit  order,  the  men  who  were  engaged  as 
leaders  of  this  enterprise  were  above  reproach ;  and  the  names 
of  Salvatierra,  Kuhn  (Kino),  Ugarte,  and  Piccolo  will  occupy 
a  respected  place  in  history.^  They  were  earnest  and  conscien- 
tious in  their  work,  and  desired  to  accomplish  much  for  the 
children  of  the  forest  as  well  as  for  the  sovereigns  of  Spain. 
''  It  may  be  true,"  says  Mr.  Forbes,  "  that  the  means  they 
adopted  to  effect  their  ends  were  not  always  the  wisest,  that 
the  Christianity  tliey  planted  was  often  more  of  form  than 
substance,  and  the  civilization  in  some  respects  an  equivocal 

1  Forbes,  California,  15.  -  Venegas,  Part  III,  section  1. 


80  Spanish  Institutions  of  the  Southwest. 

good;  still  it  can  not  be  denied  that  the  motives  of  these 
excellent  men  were  most  pure,  their  benevolence  unquestion- 
able, their  industry,  zeal,  and  courage  indefatigable  and  invin- 
cible." ^  The  priest-historian  discourses  upon  the  motives  of 
missionaries  who  might  have  become  wealthy  at  other  pur- 
suits or  have  lived  a  life  of  ease  in  their  own  order ;  but  who 
instead  banished  themselves  to  a  life  of  disappointments  and 
fatigues  to  live  among  savages  and  in  danger  of  death.  Such 
men,  he  affirms,  could  have  had  no  other  motive  than  the 
conversion  of  Indians.^ 

Anions:  this  number  of  self-saerificina:  men,  Father  Kino, 
or  Kuhn,  is  prominent ;  he  had  been  formerly  the  professor 
of  mathematics  at  Ingoldstadt,  and  had  been  in  good  favor 
with  the  Elector  of  the  house  of  Bavaria.  Salvatierra,  the 
president  and  manager  of  the  reduction,  had  worked  many 
years  at  successful  missionary  work,  and  now  had  a  chance 
to  exercise  his  unbounded  zeal  in  the  spiritual  conquest  of  a 
new  territory.  He  was  the  chief  authority  on  the  Peninsula. 
He  superintended  the  founding  of  the  missions  and  had  the 
supreme  control  of  soldiers,  priests  and  Indians.  Salvatierra 
believed  in  the  improvement  of  the  material  condition  of  the 
natives  as  well  as  the  dev^elopment  of  their  spiritual  natures.^ 
He  taught  the  natives  to  till  the  soil,  to  construct  houses,  to 
learn  trades ;  and  he  practiced  them  in  the  observances  of  the 
church.  Their  children  were  instructed  in  the  rudiments  of 
learning.  He  looked  out  for  their  physical  comfort,  endeavor- 
ing to  make  them  happy  and  contented  as  he  taught  them  the 
arts  of  a  new  civilization. 

Mission  after  mission  was  founded,  and  the  government  of 
them  all  reduced  to  a  system  which  was  continued  with  little 
variation  throughout  Jesuit  rule.  The  chief  authority  was 
the  President,  Salvatierra  being  the  first,  who  had  control  of 
both  the  civil  and  the  military  affairs  of  the  province.     As 


1  Forbes,  California,  26.  2  Yenegas,  Part  III,  section  5. 

'  Venegas,  Natural  and  Oivil  History  of  California,  Part  III,  section  11. 


New  Spain  pnor  to  the  Settlement  of  Alta  Calif oniia.     81 

the  country  became  settled,  it  was  divided  into  three  districts, 
each  of  which  had  its  rector.  The  rector  had  to  report  every 
three  years  to  the  visitador,  a  superior  officer  elected  every 
three  years  by  the  missionaries.  The  visitador  was  required 
to  visit  all  of  the  missions  within  his  jurisdiction  at  least  once 
during  his  term  of  office,  and  report  their  condition  to  the 
Visitador-General.  "  Thus  the  Jesuit  mission  hierarchy  con- 
sisted of  missionary,  rector,  visitador,  visitador-general,  pro- 
vincial, and  general."  ^  The  provincial  and  the  general  were 
those  who  also  had  control  of  other  parts  of  New  Spain ;  the 
general  being  at  the  head  of  the  order. 

The  plan  of  forming  a  mission  was  to  send  out  a  padre  to 
instruct  a  new  tribe  for  a  wdiile,  to  prepare  the  natives  for  the  jj-^ 
reception  of  the  Gospel,  and  to  secure  their  consent  to  the  \j 
erection  of  a  mission  in  their  midst.  In  the  selection  of  the^ 
mission  site,  care  was  taken  not  to  extend  the  system  beyondx 
easy  communication  with  those  already  established.  At  first, 
a  few  rough  buildings  were  constructed  as  a  base  of  ojjeration, 
which  later  gave  way  to  better  ones,  as  converts  were  collected 
to  be  instructed  and  domesticated.  Soon  the  missionary  in 
charge  began  to  extend  his  work  by  making  itineraries  to  the 
surrounding  rancheries.  These  he  later  organized  into  pue- 
blos, each  having  its  Indian  alcalde,  who  acted  as  governor. 
Thus  was  established  a  community  of  Christian  villages,  of 
which  the  mission  was  the  capital,  and  the  missionary  the 
superintendent  and  governor  in  charge.  The  civil  system  in 
the  Peninsula  was  under  the  control  of  the  mission  authorities. 
The  soldiers  were,  of  course,  subject  immediately  to  their  own 
officers,  who  exercised  civil,  military,  and  judicial  control, 
but  were  in  turn  subject  to  the  direction  of  the  visitador. 
The  military  was  for  the  protection  of  the  missions,  which 
represented  the  important  work  in  the  province.  The  few 
settlers  came  under  the  same  rule,  and  were  subject  to  the 


Bancroft,  XV,  430. 

6 


82  Spanish  Imtiiutions  of  the  Southwest. 

Jesuit  administratiou.  The  work  of  reducing  California  was 
carried  on  with  great  vigor,  until  missions  covered  its  entire 
length.  In  New  Spain  the  fertile  valleys  were  settled  by 
Spaniards,  who  carried  on  agriculture  or  engaged  in  rearing 
stock.  The  mining  districts  were  more  or  less  occupied  by 
gente  de  razon.  In  such  districts  pueblos  or  towns  were 
frequently  formed,  and  grants  made  to  settlers  of  town  lots 
and  cultivable  lands  or  stock  farms.  In  comparison  with  the 
inducements  held  out  to  settlers,  the  number  of  bona  fide 
colonists  was  very  small.  In  most  cases  these  settlements 
were  entirely  under  the  control  of  the  civil  system,  although 
at  first  the  establishments  were  frequently  managed  by  a  pro- 
visional or  military  government.  But  as  soon  as  convenient, 
the  regular  town  officers  took  charge  of  the  affairs  of  the 
pueblo,  and  reported  to  the  provincial  governor,  who  in  turn 
was  amenable  to  his  superior,  the  Viceroy  of  Mexico.  The 
missions  of  Baja  California  continued  to  flourish  for  a  time ; 
but  under  the  management  of  inferior  men  they  declined,  and 
the  expulsion  of  the  Jesuits  from  New  Spain  in  1767  left 
them  in  a  deplorable  condition.  The  change  from  one  system 
to  another  was  very  detrimental ;  and  the  Dominicans,  being 
less  aggressive  than  the  Jesuits,  had  fewer  means  to  work 
with.  But  prior  to  the  expulsion  of  the  order,  the  padres 
had  lost  control  of  the  natives,  having  no  influence  upon  any 
except  the  children  and  women.  Affairs  continued  to  decline, 
until  by  1730  the  neophyte  population  had  been  reduced  to 
one-half  of  its  former  number.^  According  to  Humboldt,  the 
population  had  continually  diminished  without  being  aug- 
mented in  any  way  by  an  influx  of  strangers.  He  held  that 
the  nature  of  the  soil  and  the  rule  of  the  Fathers  discouraged 
all  immigration.  He  says  that  most  of  the  missions  were  in  a 
wretched  condition,  and  the  Indians,  poor  and  helpless  slaves 
in  body  and  mind,  had  no  knowledge  and  no  will  but  that 
of  the  friars.     Humboldt  estimates  that  the  village  popula- 

1  Bancroft,  VIII,  31. 


New  Spain  prior  to  the  Settlement  of  AUa  California.     83 

tion  was  in  1811  not  more  than  four  or  five  thousand;  and 
that  the  villages  were  reduced  to  sixteen.^ 

But  the  decline  in  the  peninsula  of  California  was  but  a 
type  of  the  condition  of  Spanish  affairs  at  home  and  abroad, 
prior  to  the  advent  of  Carlos  III.  From  the  time  of  the 
glory  of  Philip  II.,  and  his  father  Carlos  V.,  Spanish  affairs 
had  been  in  a  deplorable  state.  The  inquisition,  the  power 
of  the  church,  unequal  taxation,  and  a  lack  of  industrial  ])ros- 
perity,  were  marks  of  a  system  that  must  decline  in  the  race 
of  civilization.  The  great  undertaking  of  Spain  had  con- 
sumed her  strength  without  giving  ample  return  for  the 
investment.  She  had  attempted  to  do  too  much  in  rapid 
exploration,  in  the  attempt  to  gain  and  control  the  whole 
western  world.  The  glory  and  strength  of  Spain  in  the  days 
of  her  supremacy  was  in  a  measure  due  to  fortuitous  circum- 
stances, although  we  do  not  detract  from  the  tenacious  energy 
and  the  fiery  zeal  of  the  Spaniards  in  seizing  the  opportunity 
of  making  the  nation  great.  The  sustaining  power  of  the 
Spanish  nation  came  from  other  sources  than  the  wealth 
gaiued  by  substantial  industry  or  natural  growth.  But 
there  is  also  a  deeper  natural  cause  for  the  decline  in  the 
fact  that,  while  other  nations  were  developing  constitutional 
and  industrial  liberty,  while  they  were  dealing  with  the  new 
forces  which  the  age  of  enlightenment  had  revealed  to  the 
world,  Spain  was  still  clinging  to  feudal  ideas,  and  attempting 
to  build  an  empire  on  fictitious  and  unenduring  powers.  The 
power  of  systematic  labor  and  intellectual  supremacy  was  lost. 
The  natural  life  was  grounded  in  principles  that  could  but 
decline;  and  with  them  declined  Spain.  An  unwholesome 
spirit  of  absolutism,  both  in  trade  and  in  civil  government, 
clung  to  the  Spanish  court.  The  dealing  with  colonists  was 
over  wise.  Although  the  civil  authorities  of  the  home  gov- 
ernment seemed  to  be  acquainted  with  the  maladies  that  were 
consuming  national  life,  they  were  unable  to  remove  them. 


^Ensayo  Politico,  sobre  Nueva  Espana,  Lib.  Ill,  cap.  VIII. 


84  Spanish  Institutions  of  the  Southwest. 

In  the  colonies,  the  missionary  enterprise  opened  new  lands, 
but  was  not  favorable  to  the  prosperity  of  the  aiFairs  of  the 
state.  The  spiritual  conquest,  though  joined  with  the  tem- 
poral, was  in  most  instances  antagonistic  to  the  healthy 
development  of  colonization.  The  best  and  strongest  influ- 
ences in  the  colonies  were  exerted  to  save  another  race  to  the 
exclusion  of  the  Spaniards.  But  there  has  always  been  a 
lack  of  colonizing  material  of  the  right  sort  in  Spain ;  there 
has  been  a  lack  of  that  sterling  middle  class,  so  useful  in  all 
lands,  who  represent  the  bone  and  sinew  of  all  rational  develop- 
ment. On  the  contrary,  wild  adventurers,  gold-thirsty  traders, 
stilted  grandees,  and  poverty-stricken  wretches,  were  the  pro- 
ducts of  the  Spanish  system  ;  and  the  colonies  revealed  these 
classes  clearly  to  the  world.  It  required  more  beneficent  laws 
than  the  court  of  Spain  could  make,  and  more  piety  than  the 
combined  efforts  of  the  priests  could  summon,  to  overcome 
such  fatal  conditions. 

But  under  the  rule  of  Carlos  III,  Spain  awoke  from  her 
lethargy,  and  attempted  a  reform.  With  great  efforts  she 
sought  to  regain  her  pristine  vigor,  and  to  throw  off  her  evil 
systems  of  government.  Carlos  began  in  the  right  way  by 
first  stifling  the  inquisition,  repressing  the  power  of  the 
Church,  equalizing  government,  and  lowering  taxation.^  A 
general  trade  sprang  up,  industries  were  revived  and  ex- 
panded. The  navy,  once  the  pride  of  Spain,  was  restored ; 
and  commerce  improved  until  the  colonial  trade  was  tripled 
in  seven  years,  and  the  revenues  of  the  Indies  increased 
from  5,000,000  to  12,000,000  crowns.^  The  general  pros- 
perity was  felt  to  the  farthermost  possessions  of  the  Spanish 
provinces ;  and  a  general  quickening  of  enterprises  was  the 
result.  It  was  during  this  period  that  Upper  or  Alta  Cali- 
fornia was  settled,  new  laws  promulgated,  and  a  revival  of 
the  old  theory  of  the  extension  of  territorial  power  put  forth. 

^  Coxe,  Memoirs  of  the  Kings  of  Spain,  III,  517. 
*  Dunham,  History  of  Spain  and  Portugal,  V,  284. 


New  Spain  prior  to  the  Settlement  of  Alta  California.     85 

But  it  was  only  a  struggle  as  far  as  the  American  possessions 
were  concerned;  for  Spain's  opportunity  had  passed.  The 
revival  of  power  made  it  only  more  certain  that  the  home 
government  would  be  unable  to  cope  with  other  powers  in  the 
maintenance  of  its  vast  possessions. 

There  was  a  growing  fear  on  the  part  of  the  Spanish  sover- 
eigns during  the  eighteenth  century  that  there  was  danger  of 
the  utilization  of  California  by  other  nations,  unless  the  gov- 
ernment made  haste  to  make  permanent  establishments  in  that 
territory.  This  fear  had  existed  from  the  time  of  its  first  dis- 
covery ;  but  was  increasing  every  day,  and  Carlos  ordered 
an  immediate  occupation  of  the  country.  As  early  as  159(3, 
Philip  II.  sent  an  order  to  Count  de  Monterey,  Viceroy  of 
Mexico,  instructing  him  to  proceed  immediately  to  make  new 
settlements  in  the  favorable  parts  of  California.  The  voyage 
of  Viscaino  was  the  result  of  this  order.  Three  years  later, 
the  order  was  renewed  by  Philip  III.,  the  successor  of  Philip 
II.,  and  it  was  then  distinctly  stated  that  the  western  coast  of 
the  South  Sea  should  be  immediately  explored,  and  that  settle- 
ments should  be  made  in  California  without  delay.  With  the 
voyage  of  Viscaino  the  matter  ended  for  the  time.  Again  in 
1665  Philip  IV.,  just  before  his  death,  ordered  that  the  re- 
duction of  California  be  completed.  But,  notwithstanding  all 
these  mandates,  the  authorities  were  slow  in  fulfilling  the  long 
felt  desires  of  the  monarchs  of  Spain ;  and  besides,  during  this 
period,  the  treasury  was  usually  empty. 

But  the  reasons  why  California  should  be  occupied,  multi- 
plied from  year  to  year,  and  with  them  fear  increased.  It 
was  the  advantageous  situation  that  made  California  so  de- 
sirable.^  Little  as  was  known  of  the  country,  there  was  a 
growing  disposition  to  consider  it  the  key  of  the  continents. 
Subsequent  history  has  verified  these  half-formed  early  con- 
clusions. There  was  an  especial  reason  why  Spain  should 
hold  ports  along  the  Californian  coast;  for  at  this  time  the 

^  Venegas,  IV,  4. 


86  Spanish  Institutions  of  the  Southwest. 

ships  that  plied  their  trade  between  the  Philippines  needed 
protection  alike  from  free-booters  and  from  storms.  The 
commerce  on  the  high  seas  needed  protection,  and  there  were 
no  safe  harbors  along  the  coast  for  the  refuge  of  ships  in  time 
of  danger.  It  was  therefore  proposed  to  explore  the  country, 
and  to  build  forts  and  establish  colonies  in  favorable  places. 
Beyond,  there  were  threatenings  of  foreign  invasion ;  and 
there  were  well  grounded  fears  that  other  nations  would 
settle  the  coast  and  occupy  the  harbors.  At  that  time  the 
Russians  had  explored  the  coast  south  to  Lat.  55°,  36',  and 
there  was  reason  to  believe  that  they  would  come  farther. 
Later  they  became  contestants  for  the  prize.  The  aggressive 
colonial  policy  of  England  was  well  calculated  to  inspire  fear 
in  the  heart  of  the  Spaniard.  "  What  would  be  the  conse- 
quences if  any  European  power  should  settle  colonies  and 
build  forts  on  the  coast  of  California?"  is  the  significant 
question  of  Venegas  ;  and  the  answer  is  that  those  who  knew, 
felt  that  such  establishments  would  prove  of  incalculable 
benefit  to  the  nation  that  first  made  them.^  Especially  did 
the  Spaniards  recognize  that  the  unguarded  coast  of  Mexico 
would  be  in  imminent  danger  should  any  other  nation  than 
Spain  settle  the  northern  coast. 

In  the  first  flush  of  victory,  while  the  kingdom  of  Spain 
was  powerful,  the  discoveries  had  been  great,  the  explora- 
tions extended,  and  settlements  comparatively  few.  Had  the 
home  country  continued  in  power,  perhaps  this  great  extent 
of  country  might  have  been  easily  protected;  but  as  the  home 
government  began  to  contract  and  grow  weak,  the  colonial 
possessions  were  left  in  a  direful  condition.  This  constant 
shrinkage  of  power  continued,  notwithstanding  the  vigorous 
attempt  of  Carlos  to  prevent  it,  and  to  regain  the  lost  prestige 
of  Spain.  But  the  glory  of  Spain  continued  to  diminish  in 
America,  and  the  priest-historian  does  not  fail  to  enumerate. 


^  Venegas,  Part  IV.    Introduction  to  Appendices. 


Neio  Spain  prior  to  the  Settlement  of  Alia  California.     87 

among  other  causes  for  the  settlement  of  California,  the  re- 
peated formula  expressing  the  objects  of  colonization ;  namely, 
"the  growth  of  faith,  and  the  extension  of  the  king's  do- 
minion." ^  With  all  the  reasons  and  all  the  causes  for  such 
a  settlement,  it  took  a  long  time  to  accomplish  the  fact.  But 
it  was  finally  brought  about  by  the  extraordinary  zeal  of 
Galvaez,  aided  by  the  Franciscan  fathers. 


'  Venegas,  lY.     Introduction  to  Appendices. 


CHAPTER  VI. 
The  First  Settlements  in  Alta  California. 

"  Born  in  the  purple ;  nestled  in  the  past 

By  a  few  faithful  friars,  grave  and  bold ; 

Under  the  altar-eaves  thy  die  was  cast. 

How  little  recked  they  in  the  days  of  old, 
Thy  veins  of  silver  and  thy  heart  of  gold — 

When  slowly  plodding  o'er  the  winding  trail. 
Ketum,  beloved  band,  and  now  behold 

The  harvest  of  thy  planting !  note  the  pale 

Flush  o'  the  almond  i'  the  orange-scented  gale ! "  ^ 

For  more  than  one  hundred  and  sixty  years  after  the  expe- 
dition of  Viseaino,  not  a  European  boat  cut  the  surf  of  the 
northwest  coast ;  not  a  foreigner  trod  the  shore  of  Alta  Cali- 
fornia. The  white-winged  galleon,  plying  its  trade  between 
Acapulco  and  the  Philli pines,  occasionally  passed  near  enough 
so  that  those  on  board  might  catch  glimpses  of  the  dark  tim- 
ber line  of  the  mountains  of  the  coast,  or  of  the  curling  smoke 
of  the  forest  fires ;  but  the  land  was  unknown  to  them,  and 
the  natives  pursued  their  wandering  life  unmolested,  uncer- 
tain of  food  and  shelter.  It  seems  scarcely  credible  that  no 
permanent  settlement  should  have  yet  been  made,  after  so 
much  time  and  treasure  had  been  wasted  in  the  attempt  to 
plant  colonies  in  this  land,  concerning  Avhich  so  many  wild 
stories  had  been  circulated.  The  voyages  of  Cabrillo  and 
Viseaino,  and  especially  the  map  of  the  latter,  had  served  to 
acquaint  the  inhabitants  of  Spain  and  Mexico  with  the  nature 

^  Chas.  Warren  Stoddard. 


The  First  Settlements  in  Alia  California.  89 

of  the  country,  and  to  excite  u  desire  for  conquest  and  settle- 
ment. But  thirst  for  gold,  the  desire  to  extend  the  territory 
of  the  king,  and  missionary  zeal,  all  combined,  were  insuffi- 
cient to  overcome  the  serious  obstacles  to  the  accomplishment 
of  the  long  debated  project.  Although  no  new  knowledge 
of  a  specific  character  was  obtained  of  Alta  California  during 
the  long  period  from  1604  to  1769,  still  the  idea  of  conquest 
continued  to  grow  in  the  minds  and  the  imaginations  of  the 
people.  Rumors  of  great  stores  of  wealth,  of  pojjulous  cities 
to  be  conquered,  and  of  daring  exploits  to  be  performed, 
served  to  excite  further  the  cupidity  of  the  Spanish  mind,  to 
weave  in  it  strange  fancies  about  this  mysterious  country,  and 
to  confuse  real  knowledge  with  tales  of  wild  extravagance. 

Accompanying  the  dreams  of  heaps  of  undiscovered  gold, 
was  the  desire  to  solve  the  great  "  Northern  ;Mystery ; "  the 
location  of  the  strait  of  Anian,  which  would  lead  the  mariner 
from  the  Atlantic  to  the  South  Sea,  and  by  a  short  route 
to  ludia.^  All  explorers  who  desired  to  add  glory  to  their 
names,  searched  for  the  mysterious  passage ;  and  many  returning 
adventurers  on  the  high  seas  professed  either  to  have  seen  the 
strait,  or  else  to  have  sailed  through  it.  From  the  tune  of 
Columbus  the  idea  prevailed  that  there  was  a  western  passage 
back  to  Europe  by  way  of  India.  The  familiar  fVict  that 
Columbus  first  supposed,  on  sighting  land  in  the  Bahamas, 
that  he  had  reached  the  outlying  islands  of  Asia,  caused  a 
search  to  the  northward  and  the  southward  for  a  passage  to 
India.  When  it  was  ascertained  that  the  land  extended  both 
to  the  north  and  south  in  a  main  body,  and  that  there  was  no 
apparent  strait,  the  conclusion  was  reached  that  a  part  of  the 
main  land  of  India,  or  at  least  of  Asia,  was  reached.  Even 
after  the  discovery  of  the  Pacific  or  South  Sea  by  Balboa, 
the  same  opinion  was  entertained.  It  was  finally  believed 
that  the  strait  was  not  at  the  south  but  to  the  northward  of 
Mexico ;  and  the  exploraticms  of  Cortes  in  the  Pacific  served 


•  Bancroft,  XXVII,  5;  Humboldt,  youvdlc  Espagne,  1,  :^;30. 


90  Spanish  Institutions  of  the  Southwest. 

to  remove  the  supposed  location  of  the  strait  to  the  indefi- 
nite north. 

Torquemada  relates  how  Philip  III.,  of  Spain,  found 
among  other  papers  a  narrative  delivered  by  some  foreigners 
to  his  father,  giving  an  account  of  many  remarkable  particu- 
lars, which  they  saw  in  that  country  when  driven  thither  by 
stress  of  weather  from  the  coast  of  Newfoundland ;  adding 
that  they  passed  from  the  North  Sea  to  the  South  by  the 
strait  of  Anian,  which  lies  beyond  Cape  Mendocino;  and 
that  they  had  arrived  at  a  populous  and  opulent  city,  walled 
and  well  fortified,  the  inhabitants  living  under  a  regular 
polity,  and  being  a  sensible  and  courteous  people ;  with  many 
other  particulars  well  worth  a  further  inquiry.*  The 
Spaniards  had  a  deeper  motive  than  that  of  idle  curiosity 
in  their  attempts  to  discover  the  strait;  believing  that  the 
strait  actually  existed,  they  desired  to  discover  it  before  other 
nations  did,  that  they  might  control  it  and  thus  prevent 
foreign  vessels  from  passing  through  and  interfering  with 
their  possessions  in  the  South  Sea.^  In  spite  of  all  of  their 
efforts,  the  phantom  channel  continued  to  recede;  while  vague 
stories  continued  to  direct  the  attention  of  the  explorer  to  the 
northwest.  It  was  not  until  the  strait  had  receded  to  the 
Arctic  zone  that  its  existence  was  verified  in  1728  by  Behring, 
who  sailed  through  from  the  Pacific,  not  into  the  Atlantic 
Ocean,  but  into  the  Polar  Sea.  This  and  subsequent  voyages 
(1738,  1741)  removed  the  last  trace  of  a  vague  assumption 
that  the  Northwest  coast  belonged  to  Asia.^ 

Another  desire  worked  upon  the  minds  and  the  imaginations 
of  the  Spaniards,  increasing  their  zeal  for  exploration,  and 
directing  their  attention  to  the  northwest ;  and  that  was  the 
desire  of  gold.  From  the  time  that  the  supposed  island  of  the 
Pacific  was  named  California,  there  were  floating  rumors  of 
vast  fields  of  gold  in  this  famous  country.     Even  the  name 


^  Venegas,  II,  Appendix,  2 ;  Torquemada,  Bk.  V. 

2  Venegas,  H,  230.  'Winsor,  II,  468. 


The  First  Settlements  in  Alta  California.'  91 

of  California  carries  with  it  a  vision  of  gold.  After  mudi 
conjecture  concerning  the  origin  of  the  name  '*  California,"  it 
has  been  finally  conceded  by  all  scholars  that  the  name  was 
taken  from  a  Spanish  romance  and  applied  by  Cortes  or  his 
followers,  or  by  later  explorers,  to  the  peninsula  of  California.' 
In  the  romance  called  Las  Sergas  de  Esplandian,  California 
is  represented  as  an  island  rich  in  gold,  diamonds,  and  pearls. 
Part  of  the  extravagant  picture  is  as  follows :  "  Know  that 
on  the  right  hand  of  the  Indies,  there  is  an  island  called 
California,  very  close  to  the  side  of  the  Terrestrial  Paradise ; 
and  it  was  peopled  by  black  women,  without  any  man  among 
them,  for  they  lived  in  the  fashion  of  Amazons.  They  were 
of  strong  and  hardy  bodies,  of  ardent  courage  and  great  force. 
Their  island  was  the  strongest  in  all  the  world,  with  its  steep 
cliffs  and  rocky  shores.  Their  arms  were  all  of  gold,  and  so 
was  the  harness  of  the  wild  beasts  which  they  tamed  to  ride ; 
for  in  the  whole  island  there  was  no  metal  but  gold.  They 
lived  in  caves  wrought  out  of  the  rock  with  much  labor. 
They  had  many  ships  with  which  they  sailed  out  to  other 
countries  to  obtain  booty."  ^  In  the  romance,  the  first  edition 
of  which  was  published  in  1510,  Esplandian,  the  Emperor  of 
the  Greeks,  imaginary  son  of  Amadis  of  Gaul,  defends  Con- 
stantinople against  the  infidels  of  the  East.  Califia,  the  queen 
of  the  Amazons,  leads  forth  an  army  of  Amazons  from  her 
dominion  called  "California,"  who  fight  in  support  of  the 
infidels. 

Mr.  Edward  Everett  Hale  holds  that  this  name,  a>  an 
omen  of  wealth,  was  applied  to  the  newly. discovered  land  of 
the  northwest.  He  says  that  "as  a  western  pioneer  now 
gives  the  name  of  '  Eden '  to  his  new  home,  so  CortC^s  called 
his  new  discovery,  'California.'"  There  can  be  no  doubt 
that  the  name  of  California  was  derived  from  this  romance ; 
but  at  what  time,  and  by  whom  it  was  given,  is  not  fully 


nVinsor,  II,  443;  Bancroft,  Cal,  1,  65. 

2  Atlantic  Monthly,  XIII,  263 ;  Wiiisor,  II,  443. 


92  ■   Spanish  Institutions  of  the  Southwest. 

determined.  It  is  supposed  by  some  that  Bernal  Diaz  del 
Castillo,  an  officer  who  served  under  Cortes,  and  who  wrote, 
in  1539,  an  account  of  the  expedition  to  California  in  1535, 
applied  the  name  to  a  bay  on  the  coast  of  the  supposed  island. 
This  is  probably  an  error.  Francisco  de  Ulloa,  under  the 
direction  of  Cortes,  sailed  up  the  gulf  nearly  to  its  head  ;  and 
not  finding  a  channel  through  to  the  main  ocean,  considered 
that  the  supposed  island  was  a  peninsula.^  Returning  to  the 
south  of  the  gulf,  he  doubled  the  cape,  and  sailed  north  on 
the  outside  of  the  peninsula  to  the  latitude  of  twenty-eight 
degrees,  with  the  same  results.  The  earliest  use  of  the  name 
known  to  us  was  in  the  narrative  of  Ulloa's  voyage,  written 
by  Priciado.  It  was  then  applied  to  the  bay  or  its  vicinity 
formerly  known  as  La  Paz.  Three  years  later,  Ferrelo  of 
Cabrillo's  expedition  reached  the  latitude  of  about  forty-one 
degrees,  without  discovering  any  separation  from  the  main- 
land except  in  the  case  of  small  islands.  From  this  time  on 
there  was  a  confusion  of  beliefs  relating  to  the  geographical 
nature  and  extent  of  California ;  some  believing  it  to  be  an 
island  and  others  considering  it  a  peninsula.  The  maps  of 
the  time  were  as  varied  in  their  representation  of  the  country 
as  were  the  opinions  of  the  people;  and  California  was  an 
island  or  a  peninsula  according  to  the  fancy  or  the  conception 
of  the  map-maker.  Thus  we  find  that  Hennepin,  in  his  map 
of  1683,  made  California  a  peninsula;  but  in  the  same  plate 
issued  in  1698,  the  map  was  so  changed  as  to  make  it  an 
island.^  The  voyage  and  map  of  Viscaiuo  did  not  dispel  the 
illusion  that  it  was  an  island,  so  firmly  was  the  idea  fixed  in 
the  minds  of  the  people.  In  fact,  a  lingering  suspicion  that 
the  California  Gulf  had  a  northerly  connection  with  the  ocean 
was  not  entirely  effaced  as  late  as  the  year  1750.  At  that 
time  Baja  California,  which  had  been  discovered  as  an  island 
by  Cortes,  then  had  existed  so  long  as  a  peninsula,  and  again 


^  Bancroft,  Cal,  I,  65.  "  Winsor,  II,  466. 


The  First  Settlements  in  Alto.  California.  93 

was  supposed  for  a  hundred  years  or  more  to  be  an  island,  at 
last  assumed  upon  the  map  its  proper  geographical  form.^ 

Consequent  upon  the  confusion  of  ideas  relating  to  this 
half-discovered  country  was  a  great  variety  of  names  of  the 
territory.  Sir  Francis  Drake,  landing  at  Point  Reyes  in 
1577,  took  possession  of  the  island  in  the  name  of  the  Eng- 
lish sovereign,  and  called  it  New  Albion;  and  with  this  name 
it  again  entered  the  realm  of  letters.  Again,  nearly  one  hun- 
dred years  later,  the  whole  territory  was  called  Laa  Islas 
Californias,  in  honor  of  his  majesty,  Carlos  II.,  king  of  Spain, 
on  the  occasion  of  his  attempt  to  colonize  the  country.  After 
the  year  of  the  settlement  of  California  proper,  in  1769,  the 
northern  country  was  known  as  the  New  Establishments,  the 
Northern  Missions,  or  Los  Establecimientos  de  San  Diego  y 
Monterey.  Soon,  however,  the  upper  country  began  to  be 
known  as  California  Septentrional,  California  del  Norte,  or 
California  Superior.^  But  these  inconstant  names  were  finally 
replaced  by  the  one  in  common  usage,  Alta  California ; 
although  in  1804,  Nueva  California  became  the  legal  name 
and  remained  such  until  1824,  when  it  gave  place  to  the 
other.  In  later  times  it  was  quite  common  to  apply  the 
term  Las  Californias  to  the  two  provinces,  Alta  and  Baja 
California. 

There  were  other  considerations  besides  the  solution  of  the 
Northern  Mystery  that  induced  the  immediate  conciuest  of 
California.  The  desire  for  personal  glory  and  the  cupidity 
for  gold  were  uppermost  in  the  minds  of  many  Spanish 
explorers.  Expeditions  were  fitted  out  either  at  i)ublic  or 
private  expense  to  search  for  the  precious  metals.  These  ex- 
cursions led  to  the  exploration  and  settlement  of  the  country. 

In  another  place  is  discussed  the  decline  of  Spain  through 
the  long  period  from  Philip  II.  to  Carlos  III.  It  was  not 
until  the  return  of  prosperity  during  the  reign  of  the  latter 
king  that  it  was  possible  for  the  Spanish  sovereign  to  push 


1  Winsor,  II,  46S.  *  Bancroft,  XVIII,  68. 


94  Spanish  Institutions  of  the  Southwest. 

the  work  of  colonization  with  any  degree  of  vigor.  The  fear 
of  the  territory's  being  occupied  by  the  Russians  and  other 
foreigners  caused  Carlos,  in  1767,  to  send  orders  to  the 
Viceroy  of  Mexico  to  proceed  at  once  in  forming  settlements 
at  San  Diego  and  Monterey.^  At  this  time  Marquis  de  Croix 
was  Viceroy  of  Mexico,  and  Jose  Galvaez  was  Visitador- 
General  of  New  Spain.  The  latter  arrived  in  Mexico  in 
1765,  delegated  with  full  power  to  investigate  and  reform  all 
parts  of  the  government,  especially  the  financial  system.  To 
Galvaez  the  whole  enterprise  of  the  occupation  of  California 
was  intrusted ;  and  it  may  be  said  that  no  better  choice  could 
have  been  made  for  the  director  of  an  expedition  of  a  similar 
nature.  Being  a  straight-forward  business  man,  he  avoided 
the  usual  entanglements  and  delays,  and  prosecuted  the  work 
according  to  the  king's  orders,  with  vigor.  The  object  of  the 
expedition  is  set  forth  briefly  and  clearly  in  that  part  of  the 
proclamation  of  Galvaez  which  affirms  that  the  aim  is  "  To 
establish  the  Catholic  religion  among  numerous  heathen  peo- 
ple submerged  in  obscure  darkness  of  paganism,  to  extend  the 
dominion  of  the  King,  our  Lord,  and  to  protect  the  peninsula 
from  the  ambitious  views  of  foreign  nations."  ^  In  this  he 
but  echoed  the  sentiments  and  designs  of  his  majesty,  the  king. 
Having  made  rapid  preparations,  Gah' aez  sailed  from  San  Bias 
in  May,  1767;  but  did  not  reach  Loreto  on  the  peninsula 
until  the  following  July.  Here  he  set  forth  his  plan  for  the 
expedition  into  the  upper  country.  Viewed  from  the  stand- 
point of  the  present,  the  plan  seems  simple  in  the  extreme, 
and  the  undertaking  easy  to  accomplish.  Yet  there  were 
many  obstacles  to  be  overcome.  The  art  of  navigation  was 
not  perfected  then  as  now,  and  the  vessels  at  the  command 
of  Galvaez  were  at  best  clumsy  aifairs.  The  presidios  were 
guarded  by  small  garrisons  of  poorly  equipped  soldiers,  whose 
chief  duty  was  to  draw  their  regular  pay.     The  officers  of  the 


'  Documentary  History  of  Mexico,  II,  156. 
'  Of.  Bancroft,  California,  I,  120. 


The  First  Settlements  in  Alia  California.  95 

garrisons  were  appointed  out  of  the  great  body  of  supernumer- 
aries, and  had  become  a  helpless  set  and  a  needless  expense  to 
the  government.  Again,  the  old  martial  spirit  of  the  Spaniards 
that  characterized  the  days  of  Cortes,  had  departed  ;  and  even 
the  religious  enthusiasm  of  the  ecclesiastics  had,  in  a  measure, 
become  subdued. 

At  this  time  the  Jesuits,  by  far  the  most  efficient  religious 
order  in  colonization,  were  expelled  from  New  Spain  by  the 
order  of  the  king;  and  the  missions  of  Lower  California  were 
turned  over  to  the  Franciscans,  of  whom  Junipero  Serra  was 
president.  The  change  caused  much  confusion  for  the  time 
being  in  the  affairs  of  the  peninsula ;  although,  the  temporal 
affairs  were  administered  by  Captain  Portold,  who  exercised  per- 
functory jurisdiction  as  military  and  civil  governor.  Captain 
Rivera  commanded  the  chief  military  force,  consisting  of  about 
forty  men  stationed  at  Loreto.^  These  were  the  men  who  were 
to  aid  Galvaez  in  the  new  conquest ;  for  the  plan  involved 
spiritual  as  well  as  temporal  aid,  and  the  friars  as  well  as  the 
military  had  to  be  enlisted  in  the  enterprise.  The  country 
was  to  be  first  conquered  and  then  converted.  Galvaez  was 
a  strono;  relio-ious  character  and  a  zealous  Christian,  blessed 
with  a  large  stock  of  common  sense.  He  not  only  believed  in 
the  conversion  of  the  natives,  but  he  also  believed  that  friars 
were  made  for  use.  It  was  not  a  difficult  matter  to  find 
among  the  Franciscans,  those  who  were  ready  to  assist  in  the 
new  enterprise.  Indeed,  the  father  president  himself  offered 
to  go  and  command  the  spiritual  conquest  of  the  country. 

Galvaez  finally  established  his  headquarters  at  Santa  Ana, 
where  he  developed  his  plans  for  four  expeditions  to  enter 
the  territory  ;  two  by  sea  and  two  by  land.  The  former  were 
to  be  conducted  by  Vicenta  Vila  and  Juan  Perez  respectively, 
and  the  latter  by  Portola  and  Rivera.  Of  the  two  sea  expe- 
ditions, Juan  Perez  was  to  command  the  San  Antonio,  and 
Vicente  Vila,  the  San  Carlos.      It  was  also  planned   that 


'Bancroft,  California,  I,  115. 


► 


96  Spanish  Institutions  of  the  Southwest. 

three  priests  should  go  by  land  and  three  by  sea ;  Junipero 
Serra,  the  father  president,  accompanying  one  of  the  land 
expeditions.  It  was  a  theory  of  the  Jesuits  that  all  new 
missions  should  be  furnished  and  equipped  from  the  old  and 
well  established  ones ;  and  this  plan  was  substantially  adopted 
by  the  Franciscans  in  the  preparations  for  the  new  establish- 
ments. The  church  furniture,  ornaments,  and  vestments  were 
taken  from  the  churches  already  founded,  and  the  needed  sup- 
plies, such  as  grain,  live  stock,  and  implements,  were  borrowed 
from  the  missions  of  the  south.  It  is  not  advisable  to  follow 
the  details  of  the  long  preparations  for  the  northern  expedition, 
and  the  necessary  delays  always  attendant  upon  such  prepara- 
tion, but  to  state  that,  in  an  incredibly  short  time  for  those 
days,  the  four  expeditions  set  forth  with  orders  to  occupy 
and  garrison  Monterey  and  San  Diego,  and  to  establish  mis- 
sions at  intermediate  points.  For  the  prompt  execution  of 
the  king's  orders  Galvaez  deserves  more  credit  tlian  any  one 
else;  while  the  final  success  of  the  expedition  and  the  subse- 
quent prosperity  of  the  early  missions  are  largely  due  to  the 
courage  and  energy  of  Junipero  Serra.  Indeed,  so  closely  is 
the  life  of  the  early  missions  connected  with  the  life  of  this 
man,  that  even  a  short  sketch  of  their  history  is  incomplete 
without  the  careful  mention  of  this  wonderful  individual. 

The  character  of  Serra  has  been  somewhat  overdrawn  by 
his  biographers  and  his  fellow  missionaries,  who  almost 
worshipped  him ;  but  in  full  consideration  of  all  this,  it 
must  be  said  that  he  was  the  most  considerable  character 
of  all  of  the  pioneers  of  Alta  California.^  He  was  born  of 
humble  parentage  in  the  island  of  Majorica,  and  while  a 
child  he  sang  in  the  Convent  of  San  Bernardino.  At  the 
age  of  sixteen,  he  joined  the  order  of  monks  founded  by  St. 
Francis  of  Assisi  in  1208.  Being  of  a  religious  nature,  and 
having  a  strong  missionary  zeal,  he  must  have  found  it  a 


'  For  life  of  Serra,  see  Paloa,  Vida  del  Junipero  Serra ;   Adana,  PoAre 
Junipero  Serra;  Bancroft,  GoJ.i/r/rnia,  I,  409  et  serj. 


The  First  SeUlcmcnfs  in  Alta  Colifornia.  97 

pleasure  to  subscribe  to  the  full  requireuieuts  ol'  solt-remuioi- 
atiou  anil  devotion  to  the  service  of  i)thers,  ilemaniltH.1  bv  the 
order  of  St.  Francis.  His  subsequent  life  seems  to  indicate 
that  he  fully  rcalizwl  the  conception  of  the  pious  founder  of 
the  order  ;  and  this  may  not  be  said  of  all  of  the  membei-s 
of  the  order  of  St.  Francis,  althouu;h  it  may  be  assumetl  that 
the  Franciscan  fathers  have,  as  a  rule,  kept  their  i;ood  works 
comparatively  free  from  worldly  ambition.  After  joining  the 
Order  of  Francisc^ins  in  IToO,  Serra  gave  his  attention  to  the 
study  o{  theology  and  philosophy;  and  received,  on  acanmt  of 
his  demonstrated  ability  as  a  scholar  and  preacher,  the  degi-ee 
of  Doctor  of  Divinity.  But  this  success  was  not  siitisfactory 
to  him  ;  he  had  always  a  longing  to  preach  to  the  Indians  of 
America.  For  tit  teen  years  he  worked  zealously  in  Spain, 
anxiously  waiting  for  an  opportunity  to  caiTv  out  his  cher- 
ished plan.  When  the  opportunity  came  to  go  to  New  Spain 
anil  teai'h  the  natives,  Serra  was  overjoyed  at  the  prospect  of 
fultilling  a  long  cherished  desire  ;  hence  he  readilv  aivepted 
the  oiler,  and  he  and  his  thi^ee  companions,  Palou,  Civspi,  and 
Verger,  set  sjiil  at  Cailiz  for  Vera  Cruz.  After  a  long  and 
adventurous  Journey,  they  arrivtnl  at  the  end  of  their  sea 
voyag-o  in  October,  1749,  and  reached  the  city  of  Mexico,  by 
an  overland  march,  in  the  t'ollowing  Xovember.  Serra  went 
out  to  his  work  as  one  who  courts  danger  in  the  advamvmeut 
of  a  great  cause;  consequently  the  storms  and  hardships  of 
the  journoy  were  met  by  him  with  an  eager  courage :  he 
counted  everything  sntVcrcil  and  endured  as  so  mucii  done 
in  the  service  oi'  his  Divine  Master. 

At  the  time  oi'  his  arrival,  the  Franciscan  missions  in  >iew 
Spain  were  under  the  control  oC  the  College  of  San  Fernando, 
which  was,  indeeil,  the  mother  of  the  missions  of  this  oi\ler  iu 
Mexico.  For  ninctetMi  yeai's  after  his  arrival,  Serra  was  at 
servitv  under  the  diiwtiou  of  the  College,  j>reaching  the  gt.v«;}>el 
and  tounding  missions.  In  the  latter  he  was  very  eealous 
and  >U(.vesst\d.  With  his  enthusiasm  for  the  spiritual  welfare 
of  the  natives,  he  never  tbrgot   their  temporal  improvement  ; 


98  Spanish  Institutions  of  the  Southwest. 

while  he  attempted  to  teach  them  the  rites  and  ceremonies  of 
the  church,  and  the  principles  and  practices  of  faith,  he  also 
taught  them  the  elements  of  material  civilization,  without 
which  conversion  is  of  little  worth.  He  provided  the  Indians 
with  cattle  and  sheep  to  stock  the  land  that  they  were  per- 
mitted to  call  their  own,  and  procured  for  them  seed  for  sow- 
ing and  implements  with  which  to  till  the  soil.  All  of  the 
alms  received  at  masses,  and  all  of  his  salary  of  three  hundred 
dollars,  was  spent  in  the  purchase  of  seed,  implements,  and 
supplies.  As  soon  as  the  returns  of  the  harvest  were  more 
than  sufficient  to  meet  the  needs  of  the  Indians,  the  pious 
monk  taught  them  to  sell  the  surplus  and  purchase  for  them- 
selves with  the  proceeds  blankets,  clothes,  animals,  tools,  and 
household  utensils.  Even  the  women  and  children  were 
taught  useful  employments ;  as  a  rule  they  were  more  teach- 
able than  the  men,  and  it  was  not  infrequent  to  find  these 
latter  classes  outnumbering  by  far  the  men  of  the  tribe  who 
were  receiving  instruction  at  the  missions.  After  the  natives 
were  thoroughly  established  in  the  way  of  industry,  a  piece  of 
ground  was  parcelled  out  to  each,  and  with  it  were  given  a 
yoke  of  oxen  and  a  few  farming  utensils;  the  holder  was 
then  permitted  to  become  a  separate  owner  and  to  till  his 
own  soil,  always,  however,  under  the  direction  of  the  mis- 
sionary or  his  agent.  Thus  provided  for,  under  the  fiction  of 
being-  a  freeholder,  the  domesticated  Indian  began  an  inde- 
pendent life.  This  plan  of  dealing  with  the  Indians  by  Serra 
was  substantially  the  method  followed  subsequently  in  Upper 
California  under  the  direction  of  the  president  of  the  missions; 
and,  in  fact,  it  was  the  universal  plan  adopted  by  the  Spanish 
Government  for  the  rapid  ijivilization  of  the  Indians.  It  was 
intended  to  place  them  in  separate  ownership  of  the  land  as 
soon  as  they  were  capable  of  management  under  the  direction 
of  leaders. 

With  Serra's  aid  Galvaez  was  enabled  to  complete  his 
arrangements  for  the  reduction  of  California.  Sufficient 
supplies  had  been  collected,  the  necessary  funds  for  the  expe- 


The  First  Settlements  in  AUa  California.  99 

dition  furnished,  and  all  of  the  men  chosen  for  the  invasion. 
Everything  being  in  readiness,  Galvaez  was  enabled  to  dis- 
patch the  San  Carlos,  the  first  ship  of  the  line,  from  La  Pa« 
on  January  9,  1769.  This  vessel  had  arrived  from  San  Bias 
in  December,  partly  laden  with  stores;  but  being  in  a  leaky 
condition,  was  laid  up  for  repairs  for  some  weeks.  It  is 
interesting  to  note  the  personnel  of  this  small  missionary  group. 
First,  there  was  the  commander  Vila,  with  his  mate  and  a 
crew  of  twenty-three  sailors  and  two  boys.  In  addition  to 
the  sailors,  the  ship's  company  consisted  of  twenty-five  Catalan 
volunteers  under  the  command  of  Captain  Fages :  and  there 
were  also  on  board  one  Franciscan  friar,  Hernando  Parron 
by  name ;  Pedro  Prat,  the  surgeon  ;  four  cooks;  and  two  black- 
smiths— sixty-two  persons  in  all.^  Before  sailing,  the  whole 
band  of  pioneers  confessed,  heard  mass,  and  partook  of  the 
communion ;  this  was  followed  by  a  parting  address  by  Gal- 
vaez, who  set  forth  the  object  of  the  conquests  and  charged 
the  colonists  in  the  name  of  God,  of  the  king,  and  the  vice- 
roy, to  respect  the  priest  and  maintain  peace  among  themselves. 
The  second  ship,  commanded  by  Juan  Perez,  did  not  arrive 
at  Cape  San  Lucas  until  January  25 ;  and  after  being  repaired, 
it  departed  for  San  Diego,  February  15,  1769. 

Meanwhile  the  preparations  for  the  land  expedition  were 
rapidly  forwarded  in  the  north.  The  first  one  being  in  readi- 
ness, began  its  march  under  command  of  Captain  Rivera,  on 
the  twenty-fourth  day  of  March.  The  second  land  expedition, 
being  delayed  in  its  preparation,  did  not  leave  Santa  jNIaria 
until  May  11 ;  and  arriving  at  Velicata  three  days  afterwards, 
paused  there  to  found  a  mission, — the  only  one  founded  by 
the  Franciscans  in  Lower  California.  From  this  new  mission 
called  San  Fernando,  the  second  land  expedition,  under  the 
command  of  Captain  PortoU,  and  accompanied  by  the  father 
president,  started  on  its  journey  northward  on  the  fifteenth 
of  May,  1769.     In  addition  to  those  already  mentioned,  there 

^Bancroft,  XVIII,  128. 


100  Spanish  Institutions  of  the  Southwest. 

were  in  the  second  expedition  Sergeant  Ortega,  ten  soldiers, 
four  muleteers,  two  servants,  and  forty-four  domesticated 
natives  of  the  peninsula.  Having  dispatched  the  four  expe- 
ditions, Galvaez  turned  his  attention  to  the  affairs  of  Mexico, 
to  accomplish  the  reforms  much-needed  there. 

After  the  expulsion  of  the  Jesuits  from  the  province  of 
New  Spain,  in  1767,  the  affairs  of  the  missions  of  the  penin- 
sula were  under  the  control  of  the  Franciscans,  of  whom 
Junipero  Serra  was  president.  On  his  departure  for  the 
north  he  appointed  Francisco  Palou  president  of  the  mis- 
sions of  Lower  California;  although  he  still  retained  a  general 
supervision  of  the  work  for  some  time  after.  Near  together 
were  the  two  friends,  working  in  the  same  cause  and  for  the 
same  end.  The  famous  life  of  Junipero  Serra,  written  by 
Palou,  is  indicative  not  only  of  the  harmony  of  the  work,  but 
especially  of  the  faithful  and  untiring  labors  of  the  venerable 
Serra.  It  would  seem,  under  casual  observation,  that  when 
the  four  expeditions  were  finally  started,  with  so  much  thor- 
oughness and  under  such  favorable  auspices,  we  need  have 
little  apprehension  of  the  result.  Yet  when  we  consider  the 
discouragements  attendant  upon  the  establishment  of  a  new 
settlement  at  that  time,  and  the  character  of  those  who  made 
up  the  rank  and  file  of  pioneers,  it  is  scarcely  to  be  wondered 
at  that  a  settlement  was  made  only  by  an  accident,  as  the  facts 
in  the  case  go  to  prove.  The  San  Antonio,  commanded  by 
Perez,  containing  the  company  which  was  the  last  to  put  to 
sea,  was  the  first  to  arrive  at  San  Diego,  after  a  successful 
voyage  of  fifty-four  days.  The  commander  had  gone  too  far 
north  by  nearly  two  degrees,  and  having  sailed  past  the  port 
which  he  desired  to  reach,  he  made  a  landing  at  Santa  Cruz, 
one  of  the  Santa  Barbara  islands.  Perez  was  a  skilful  navi- 
gator, but  was  led  into  error  by  the  report  of  Viscaino.  At 
the  islands  they  discovered  natives  who  were  friendly  and 
were  willing  to  exchange  fish  for  beads  and  trinkets.  When 
the  commander  ascertained  that  he  was  too  far  north,  he  took 
on  board  a  fresh  supply  of  water  and  sa,iled  southward,  dis- 


Lj^tsisUUaMELX-' 


The  First  Settlements  in  Alta  California.  101 

covering  the  bay  of  San  Diego,  which  they  entered  without 
difficulty.  Here  he  effected  a  second  landing,  and,  as  before, 
they  were  treated  kindly  by  the  Indians. 

The  San  Carlos,  which  had  sailed  before  the  San  Antonio, 
was  nowhere  in  sight.  But  Perez  had  orders  to  remain  for 
twenty  days  at  San  Diego,  and  then  proceed  to  jNIonterey. 
Eighteen  days  of  weary  watching  and  waiting  for  the  appear- 
ance of  the  flag-ship,  had  passed ;  and  the  commander  of  the 
San  Antonio  had  determined  to  obey  his  orders,  believing 
that  the  other  ship  was  lost  or  had  returned.  But  when  he 
was  preparing  to  depart,  the  long  looked  for  sail  made  its 
appearance  in  the  bay.  The  San  Carlos  moved  slowly  up  and 
dropped  anchor,  but  not  a  boat  was  lowered  nor  a  signal  given 
from  the  ship ;  all  were  sick  on  board  ;  the  voyage  had  been 
unpropitious ;  the  water  casks  were  leaky,  and  the  crew  had 
suffered  much  from  want  of  water  and  from  that  dread  disease, 
the  scurvy.  The  commander,  like  Perez,  sailing  by  the  Vis- 
caino  chart,  had  gone  too  far  to  the  north.  After  reaching 
the  latitude  of  thirty-four  degrees,  suffering  with  cold  and 
sickness,  having  scarcely  a  sufficient  number  of  able-bodied 
men  on  board  to  man  the  ship,  he  turned  southward, 
and  as  if  by  miracle,  entered  San  Diego  bay  where  he 
found  rest  and  care  for  the  sick,  after  one  hundred  and  ten 
days  of  trials  by  sea.  For  two  weeks  the  well  were  busy 
caring  for  the  sick  and  burying  the  dead.  On  the  fourteenth 
of  May,  the  first  division  of  the  land  expeditions  arrived, 
under  the  command  of  Rivera.  The  men  had  been  fifty-one 
days  on  the  march  from  Velicata,  having  followed  the  barren 
and  unattractive  coast  for  a  distance  of  one  hundred  and 
twenty-one  leagues.  Although  the  march  was  toilsome,  no 
serious  difficulty  attended  it,  excepting  the  sickness,  death,  or 
desertion  of  some  of  the  natives.  At  times  the  party  were 
much  inconvenienced  by  being  forced  to  carry  water  for  a 
great  distance,  and  were  hindered  in  their  progress  by  heavy 
rains.  Sometimes,  also,  members  of  the  expedition,  being 
sick,  were  carried  many  days  on  litters. 


102  Sjjanish  Institutions  of  the  Southwest. 

There  was  great  rejoicing  at  the  port  ou  the  arrival  of  the 
land  party,  and  the  Spaniards  began  preparations  for  per- 
manent settlements.  Under  the  diriection  of  Fages,  a  town- 
site  was  selected  to  the  north  of  their  present  camp,  at  what 
is  now  known  as  North  or  Old  San  Diego,  and  where  the 
remains  of  the  old  presidio  are  still  to  be  seen.^  A  new  camp 
was  formed,  a  few  huts  erected,  and  a  corral  for  the  stock  ;  but 
nothing  was  done  toward  permanent  foundation  until  the 
arrival  of  the  second  land  expedition.  To  the  new  camp 
the  sick  were  removed ;  and  for  over  six  weeks  but  little  was 
accomplished  besides  caring  for  them.  Toward  the  close  of 
June,  the  last  party  with  Governor  Portold  and  Father  Serra 
arrived  in  camp.  The  four  divisions  of  the  invading  pioneers 
were  now  united  at  the  common  port ;  but  there  were  ninety- 
three  missing  from  the  two  hundred  and  nineteen  souls  that 
had  started  on  the  journey.  The  next  day  was  the  Sabbath  ; 
and  the  remaining  one  hundred  and  twenty-six,  the  pioneers 
of  California,  celebrated  the  occasion  with  a  solemn  mass  and 
the  roar  of  guns.^ 

But  this  was  but  a  temporary  pause,  and  the  journey  to 
Monterey  must  soon  be  taken.  After  a  conference,  Rivera 
and  Portola  decided  that  it  would  be  best  to  send  the  San 
Carlos  back  to  San  Bias  for  supplies  and  a  crew  sufficient  to 
man  both  vessels.  Meanwhile  the  San  Antonio  should  remain 
at  San  Diego,  and  a  land  expedition  be  sent  to  Monterey,  the 
latter  to  be  aided  by  the  San  Jose  when  it  arrived  with  sup- 
plies. These  plans  were  acted  upon,  nothing  failing  except 
the  San  Jose,  which  was  lost  a£  sea. 

Until  the  arrival  of  Father  Serra,  no  attempt  had  been 
made  to  convert  the  natives,  who  came  to  the  camp  in  con- 
siderable numbers.  And,  indeed,  it  was  not  until  Sunday, 
July  sixteenth,  that  Serra  raised  and  blessed  the  cross, 
preached  the  first  sermon  to  the  natives,  and  then  dedicated 
the  newly-founded  mission  to  San  Diego  de  Acald.     One  of 

1  Bancroft,  Cal,  I,  134.  "  Bancroft,  California,  I,  136. 


The  First  Settlements  in  Alta  California.  103 

the  new  huts  was  dedicated  as  the  church.  The  Indians,  on 
the  first  arrival  of  the  strangers  and  for  a  long  time  after- 
wards, were  very  friendly.  They  came  around  the  camp  more 
to  receive  the  voluntary  gifts  bestowed  upon  them  by  the 
missionaries  than  for  any  other  purpose.  Finally,  as  the 
gifts  failed  to  satisfy  their  cupidity,  they  resorted  to  begging 
and  at  last  to  stealing.  They  came  in  such  large  numbers  as 
to  give  great  annoyance  to  the  missionaries,  as  they  were  not 
yet  sufficiently  well  established  to  care  for  so  many.  And 
after  the  departure  of  the  expedition  to  Monterey,  the  Indians, 
who  had  not  yet  put  themselves  under  the  tutelage  of  the 
padres,  became  a  great  nuisance  and  threatened  the  camp.  At 
first  they  were  entreated  to  keep  away  from  the  camp,  then 
threatened,  and  finally  as  a  last  resort,  frightened  by  the  noise 
of  gunpowder;  but  all  of  this  was  to  no  purpose.  As  a  result 
of  the  attempt  of  the  guard  to  repel  the  savages,  a  raid  was 
made  upon  the  camp.  One  day  after  Parron  had  gone  to  the 
ship  to  say  mass  under  the  guard  of  two  soldiers,  the  natives 
made  a  sudden  raid  upon  the  camp  and  began  to  strip  the  cloth- 
ing from  the  sick.  The  attempt  of  the  guard  to  drive  them 
away,  was  answered  by  a  volley  of  arrows  from  the  invaders, 
which  wounded  three  and  killed  one  of  the  Europeans.  But 
a  return  fire  of  the  guard  killed  three  of  the  Indians  and 
wounded  several  others,  and  frightened  the  remainder  so  that 
they  beat  a  hasty  retreat.  With  signs  of  peace,  they  soon 
returned  for  medical  aid,  and  showed  more  respect  for  the 
strangers  thereafter,  although  the  prospects  for  conversions 
were  indeed  meager.  There  is  no  record  of  a  single  conver- 
sion at  San  Diego  for  over  a  year  after  the  first  arrival  of  the 
Spaniards. 

But  a  settlement,  apparently  permanent,  had  been  formetl ; 
and  the  expedition  under  PortoU  was  on  its  way  to  found  a 
new  mission  at  Monterey.  The  expedition  had  departed  from 
San  Diego  on  the  fourteenth  of  July,  with  the  purpose  of  tra- 
versing the  coast  line  northwards  until  Monterey  was  reached  ; 
and  by  the  aid  of  the  San  Jose,  which  was  to  follow  them  with 


104  Spanish  Institutions  of  the  Southwest. 

supplies,  to  found  a  mission  and  build  a  presidio  at  that  port. 
But  as  before  stated  the  San  Jose  was  lost  at  sea,  and  never 
heard  of  after  leaving  San  Bias.  Its  loss  seriously  interfered 
with  the  proposed  settlements.  The  journey  up  the  coast  was 
not  devoid  of  interest,  but  upon  the  whole,  very  laborious. 
The  record  of  the  exploration,  kept  daily  by  Father  Crespi,  is 
important  as  being  the  description  of  the  first  land  explora- 
tion in  Alta  California.  The  party  passed  through  the  fertile 
region  of  the  San  Bernardino  mission,  they  encountered  earth- 
quake shocks  in  the  Los  Angeles  country,  they  passed  through 
the  populous  towns  of  the  Santi'  Barbara  Indians,  and  thence 
advanced  to  San  Louis  Obispo.  Leaving  these  fertile  and 
beautiful  coast  valleys,  they  tried  to  proceed  northward  by 
following  the  coast  line ;  but  found  it  necessary  to  return  and 
pass  over  the  mountains  to  the  headwaters  of  the  Salinas  river 
and  follow  it  to  its  outlet.  They  had  passed  through  the  richest 
and  most  desirable  part  of  the  country ;  and  the  information 
thus  obtained  was  afterwards  of  great  assistance  to  Serra  in 
locating  the  other  establishments.  Upon  this  line  of  march 
were  built  a  line  of  missions,  and  later  there  was  developed 
a  great  civilization.  As  they  approached  the  mouth  of  the 
Salinas,  they  beheld  at  a  distance  Point  Piuos,  one  of  the  land- 
marks of  the  port  of  Monterey ;  but  they  did  not  recognize  it 
as  such.  The  extravagant  description  of  this  port  given  by 
Viscaino,  whose  chart  they  were  following,  and  the  fact  that 
Viscaino  entered  it  from  the  water  highway  and,  consequently, 
that  his  descriptions  were  given  from  that  point  of  view,  led 
them  into  error.  The  present  party  were  viewing  the  bay 
from  the  interior  and  from  the  northeast,  instead  of  from  the 
ocean  and  the  southwest,  as  the  other  explorers  had  done.  But 
even  this  diiference  could  scarcely  account  for  their  apparent 
stupidity  in  the  search  for  the  location  of  the  port  of  Monterey. 
Thus  they  turned  from  looking  over  the  bay  and  continued 
northward,  wondering  where  Monterey  was.  They  had  not 
yet  reached  the  latitude  given  by  Viscaino,  which  is  known  to 
have  been  incorrect  by  nearly  two  degrees.     Another  thing 


The  First  Settlements  in  Alia  California.  105 

which  led  to  their  confusion  was  the  supposition  that  the 
river  Salinas  was  the  river  Carmelo ;  the  latter  having  been 
described  by  the  chronicler  of  Viscaino  as  a  large  river  at  full 
bank,  while  at  the  time  of  the  latter  expedition  it  was  almost 
dry,  being  viewed  at  a  different  time  of  the  year.  That  is, 
they  discovered  Point  Pinos,  Carmelo  River  with  the  adjoin- 
ing ensenada,  and  Monterey  Bay ;  but  could  not  reconcile  the 
facts  with  previous  descriptions,  and  consequently  they  passed 
on,  renewing  their  search  for  Monterey.^ 

After  holding  a  conference,  they  decided  to  continue  the 
search  northward,  although  many  of  the  party  were  sick  and 
provisions  were  low.^  They  passed  through  the  Pajaro  Val- 
ley and  crossed  near  what  is  now  the  city  of  Watsonville,  to 
Soquel,  the  present  fashionable  summer  resort,  and  thence  to 
the  San  Lorenzo  river  at  the  present  site  of  Santa  Cruz.  They 
found  the  mountains  well  wooded  with  the  common  redwood, 
which  they  called  palo  Colorado  (Sequoia  sempervirens) ;  this 
being  the  first  mention  of  this  famous  tree  in  the  history  of 
discovery.  Passing  up  the  coast  they  came  to  Point  Pedro, 
where,  ascending  the  adjacent  mountain,  they  obtained  a  view 
of  the  Faralloues,  Point  Reyes,  and  the  old  San  Francisco 
Bay,  which  they  at  once  recognized  from  previous  description. 
The  Spaniards  had  visited  this  bay  twice,  and  Sir  Francis 
Drake  had  anchored  in  its  waters.  It  was  as  well  known  as 
any  point  on  the  coast,  previous  to  the  explorations  of  the 
present  party.  But  the  great  San  Francisco  Bay  of  modern 
fame  was  yet  unknown  to  the  world ;  it  remained,  however, 
for  a  few  hunters  of  this  same  party,  who  had  climbed  the 
hills  northeast  of  the  camp,  first  to  view  the  broad  expanse  of 
this  great  inland  sea.  Before  this  greatest  discovery  of  the 
expedition  was  made,  Captain  Ortega,  with  a  small  party,  had 
set  out  for  Point  Heyes;  he  reached  the  Golden  Gate,  but 


1  Paloii,  Noticias,  I,  399. 

*  Bancroft,  XVIII,  140  et  seq. ;  Palou,  Noticias,  285  et  seq.  (Crespi's  diary) ; 
Palon,  Vida,  80,  88. 


106  Spanish  Institutions  of  the  Southwest. 

having  no  boats  with  which  to  cross  the  bay,  he  returned  to 
camp.  On  the  fourth  of  November,  they  broke  camp  and 
jmssed  over  the  San  Bruno  mountains  and  entered  the  bay 
region,  camping  on  San  JNIateo  Creek.  Wliile  on  the  bay  of 
San  Francisco,  Otego  was  informed  by  the  Indians  that  there 
was  a  vessel  anchored  in  the  bay  ;  and  the  chief  reason  for  the 
change  of  base  was  to  ascertain  if  tlie  lost  San  Jose  was  really 
there.  After  a  fruitless  search  for  the  boat,  the  party  returned 
to  the  vicinity  of  Point  Pinos  and  renewed  their  exploration 
for  Monterey.  Not  finding  the  object  of  their  search,  it  was 
finally  decided  to  wait  and  watch  for  the  coming  of  the  San 
Jos6.^  After  the  lapse  of  twelve  days,  they  again  broke  camp 
and  returned  by  an  uneventful  journey  to  San  Diego,  where 
they  were  welcomed  by  their  friends.  Before  leaving  the 
camp  at  Monterey,  the  Spaniards  set  up  two  crosses ;  one  on 
the  Rio  Carmelo,  and  one  on  the  shore  of  Monterey  Bay.  As 
far  as  the  founding  of  the  Monterey  Mission  and  Presidio  was 
concerned,  the  expedition  was  a  decided  failure ;  but  the  dis- 
covery of  the  Golden  Gate  and  of  San  Francisco  Bay  may  be 
recorded  as  one  of  the  greatest  events  connected  with  the  early 
history  of  California. 

After  the  return  from  the  Monterey  expedition.  Governor 
Portold  was  much  discouraged  with  the  results  of  the  trip, 
and  resolved  to  abandon  the  whole  enterprise  and  retijrn  to 
Mexico.  Consequently  he  saved  provisions  sufficient  for  the 
return  trip,  and  resolved  to  march  as  soon  as  the  remainder 
was  consumed,  which  he  calculated  would  be  about  March 
twentieth.  To  this  plan  the  zealous  friars,  Crespi  and  Serra, 
were  bitterly  opposed ;  and  were  supported  in  their  position 
by  the  remainder  of  the  friars.  Serra,  who  had  accompanied 
the  Monterey  expedition,  was  convinced  that  the  place  where 
the  cross  was  located  was  the  Monterey  which  they  had  so 
diligently  sought ;  and  consequently  was  unwilling  to  return 
to  Mexico  without  attempting  to  make  a  settlement  there. 


'  The  explorers  passed  along  tlie  harbor  of  Monterey  without  recognizing  it. 


The  First  Settlements  in  Alia  California.  107 

The  friars  found  an  ally  in  Vila,  the  commander  of  the  San 
Carlos,  who,  it  seems,  had  promised  to  take  the  friars  on  b(x\rd 
his  ship,  and  as  soon  as  supplies  should  come,  to  take  them  to 
Monterey,  and  thus  allow  them  to  carry  out  their  plans  of 
founding  a  mission  at  that  place.^  On  the  eleventh  of  Feb- 
ruary, Rivera  with  nineteen  men  was  sent  to  Velicata,  for 
the  purpose  of  obtaining  supplies ;  but,  before  their  return, 
affairs  at  San  Diego  had  reached  a  precarious  condition ;  the 
provisions  were  nearly  exhausted ;  the  commander  of  the  com- 
pany was  disheartened,  and  was  making  daily  preparations  to 
return  to  Mexico  on  the  twentieth  of  March.  On  the  other 
hand,  friars  and  priests  were  praying  and  fasting,  and  entreat- 
ing the  Spaniards  to  remain.  A  nine  days  public  prayer  and 
fasting  closed  on  the  nineteenth  of  March ;  on  the  morrow 
camp  was  to  be  broken,  and  the  march  homeward  was  to  be 
begun.  All  day  long  the  friars,  praying,  longing,  and  fasting, 
watched  the  horizon  of  the  sea,  as  a  last  resort  hoping  that  a 
ship  might  appear  and  bring  relief.  But  the  sun  went  down, 
and  with  it  set  the  hopes  of  the  zealous  priests.  But  surpris- 
ing as  it  may  seem,  in  the  clear  twilight  a  sail  appeared  on 
the  distant  horizon.  It  bore  straight  for  the  camp  and  was 
soon  anchored  in  the  harbor.  It  was  the  San  Antonio  re- 
turned with  abundant  supplies,  and  the  cause  of  settlement 
was  sa/e  again.  The  San  Antonio,  commanded  by  Juan  Perez, 
was  sailing  under  orders  direct  for  Monterey.  Entering  the 
Santa  Barbara  channel  for  a  supply  of  water,  Perez  was  told 
by  the  natives  that  the  Monterey  expedition  had  returned 
toward  San  Diego ;  but  this  information  was  not  considered 
sufficiently  reliable  to  cause  him  to  disobey  orders ;  and  had 
it  not  been  for  the  accidental  loss  of  an  anchor,  he  would  have 
continued  \iis  journey.  As  it  %vas,  he  put  in  to  the  harbor  of 
San  Diego ;  and  to  this  accident  is  due  the  success  of  the  first 
colonial  expedition  to  Alta  California. 


Bancroft,  California,  I,  165. 


108  Spanish  Institutions  of  the  Southioest. 

After  the  return  of  the  San  Antonio  with  abundant  supplies 
and  with  orders  for  Governor  Portola,  nothing  more  was  said 
about  abandoning  the  new  establishments  and  returning  to 
Mexico.  On  the  contrary  there  was  immediate  preparation 
for  a  return  to  Monterey,  for  the  purpose  of  founding  at  that 
place,  the  required  mission  and  presidio.  The  San  Antonio 
was  made  ready  at  once,  and  sailed  from  San  Diego  on  the 
sixteenth  of  April,  having  on  board  the  commander  Perez 
and  his  crew,  Pedro  Prat,  Junipero  Serra,  and  Miguel  Cos- 
tanso.  There  was  also  on  board  an  abundance  of  supplies  for 
the  founding  of  a  new  establishment.  On  the  following  day 
a  land  expedition,  commanded  by  Portola,  set  out  for  Mon- 
terey ;  in  this  company  were  Captain  Fages,  soon  to  be  military 
governor  of  California,  and  the  indomitable  Father  Crespi, 
whose  well  kept  diary  has  made  its  author  famous  in  history. 
The  land  expedition  arrived  at  its  destination  on  the  twenty- 
fourth  of  May,  and  found  no  difficulty  in  locating  the  Bay  of 
Monterey.  The  cross  set  up  the  winter  before  was  found 
adorned  with  sticks,  arrows,  feathers,  meat,  fish,  and  clams ; 
doubtless  these  offerings  were  to  the  unknown  god  of  the 
Europeans,  and  prompted  by  the  superstition  of  the  natives. 

A  week  later  the  San  Antonio  arrived ;  fires  were  lighted 
on  the  rocks  at  different  points  along  the  coast  to  make  safe 
the  entrance  to  the  harbor.  The  entrance  was  easily,  made, 
and  the  ship  was  soon  riding  at  anchor  in  the  bay.  Before 
the  arrival  of  the  San  Antonio,  the  camp,  which  was  at  first 
located  at  Monterey,  had  been  moved  to  Carmelo  in  order  to 
be  near  good  water ;  but  on  the  arrival  of  the  second  party,  it 
was  ordered  back  to  Monterey,  and  preparation  began  for  the 
planting  of  the  "new  mission.  In  the  little  ravine,  now  crossed 
by  the  lighthouse  road,  under  the  branches  of  a  noble  oak — 
both  made  famous  by  the  visitation  of  Viscaino — the  company 
of  pioneers  pitched  their  tents.^     After  due  preparation  had 


^  In  commemoration  of  the  landing  of  Jimipero  Serra  and  his  companions, 
Mrs.  Leland  Stanford  has  erected  a  beautiful  monument  at  this  place. 


The  First  Settlements  in  Alia  California.  109 

been  made,  the  whole  company  assembled  on  the  beach  under 
an  arbor  to  dedicate  the  new  establishment  and  to  consecrate 
their  work.  Bells  were  hung,  and  their  long  and  loud  peals 
introduced  the  solemn  festival.  On  bended  knees,  sailors, 
soldiers,  and  priests  chanted  the  venite  creator  sjnritus ;  the 
friar  blessed  the  water  and  sprinkled  the  place,  and  then 
planted  the  cross  and  blessed  it.^  After  the  image  of  the 
holy  virgin  was  placed  on  the  altar.  Father  Serra  said  mass, 
"amidst  the  thunder  of  cannon  and  the  crack  of  musketry, 
followed  by  a  salve  to  the  image  and  a  te  deum  laitdamusJ' 

It  is  worthy  of  notice  that  at  the  close  of  the  religious 
services,  Governor  Portola  took  formal  possession  of  the  land 
in  the  name  of  the  Spanish  king,  Carlos  III ;  unfurling  and 
planting  the  Spanish  flag  with  proper  ceremonies.  Thus  were 
founded  presidio  and  mission  ;  and  the  cross  of  Christ  and 
royal  flag  of  Spain  were  planted  side  by  side.  The  spot 
chosen  for  the  site  of  the  mission  and  the  presidio  was  back 
from  the  beach  near  the  place  where  now  stands  the  San 
Carlos  church.  A  few  huts  were  built,  and  one  of  them 
dedicated  as  a  church.  Here  as  elsewhere  in  California,  the 
beginnings  of  these  new  establishments  were  rude  indeed.  As 
at  San  Diego,  the  buildings  were  enclosed  by  a  palisade,  and 
everything  was  at  first  in  common  between  priest  and  soldier. 

The  great  importance  of  this  permanent  occupation  of  Cali- 
fornia was  recognized  in  Mexico,  and  later  realized  in  Spain. 
All  those  who  were  interested  in  the  spiritual  welfare  of  the 
natives  rejoiced  in  the  prospect  of  the  immediate  civilization 
of  the  children  of  the  forest ;  wdiile  those  interested  in  the 
political  welfare  of  their  country  received  the  news  with 
bursts  of  enthusiasm.  At  last,  afler  two  hundred  years  of 
combined  waiting  and  fruitless  attempts,  the  king's  dominion 
was  extended  to  the  northwest.  In  Mexico,  says  Bancroft, 
"  The  news  was  received  with  great  manifestations  of  joy ; 
the  cathedral,  bells  rang  out  their  glad  peals,  those  of  the 


1  Bancroft,  XVIII,  170. 


110  Spanish  Institutions  of  the  Southwest. 

churches  responding.  A  solemn  thanksgiving  mass  was  said, 
at  which  all  government  digmtai^i^S'were'prSenrpand^^ 
followed  a  grand  resceptteu,  at  which  Galvaez  and  Croi^ 
received  conojrattilations  in  the  royal  name  for  this  las\ 
extension'  of  the  Spanish  domain."^  Under  this  favorable^ 
.sfelfe^of  affairs  it  was  ordered  to  found  five  new  missions,  and 
the  needed  funds  for  their  expenses  were  promised.  The 
names  of  these  missions  as  ordered  were,  San  Gabriel,  San 
Louis  Obispo,  San  Antonio,  Santa  Clara,  and  San  Francisco. 
In  addition  to  these,  San  Buenaventura  was  ordered  to  be 
established  in  connection  with  the  mission  of  San  Diego. 

The  important  points  of  Monterey  and  San  Diego  once 
secured  with  permanent  settlements,  the  extension  of  coloni; 

Nzation  was  insured^ : — - — 

^^b  rom  this  timTonTthe  progress  of  settlement,  though  slow, 
was  constant ;  and  soon  the  entire  coast  from  San  Diego  to 
San  Francisco  was  lined  with  missions  and  colonies.  For 
many  years  the  founding  of  missions  was  the  chief  occupation 
of  the  early  colonists.  Under  the  direction  of  the  father  Presi- 
dent, Junipero  Serra,  the  establishment  of  missions  was  pushed 
zealously  forward.  Zealous  in  plans,  incessant  in  toil,  and 
devout  in  life,  Junipero  Serra  founded  ^nd  superintended 
eleven  missions,  prior  to  his  death  in  1784.-  Afterwards,  ten 
missions  were  added,  making  the  total  number  twenty-one. 
The  most  important  of  the  missions  were  founded  in  the 
eighteenth  century,  and  their  greatest  prosperity  occurred  in 
the  first  quarter  of  the  present  century.^     While  their  specific 


iBancroft,  XVIII,  173. 

*  These  eleven  are,  San  Diego,  1769;  San  Carlos,  1770;  San  Gabriel, 
1771 ;  San  Fernando,  1771 ;  San  Antonio,  1771 ;  San  Louis  Obispo,  1772 ; 
San  Juan  Capistrano,  1776 ;  San  Francisco  de  Assisi,  1776 ;  Santa  Clara, 
1777  ;  San  Buenaventura,  1782  ;  Santa  Barbara,  1786. 

'  The  remaining  missions,  with  the  order  of  their  founding,  are  as  follows : 
La  Purissima,  1787  ;  Santa  Cruz  and  SoUdad,  1791 ;  San  Juan  Bautista,  San 
.  Jos^,  San  Miguel,  1797;  San  Louis  Eey,  1798;  Santa  Ynez,  1802;  San 
Rafael,  1817  ;  San  Francisco  Solano,  1823. 


The  First  Settlements  in  Alta  California.  Ill 

purpose  was  the  education  of  the  Indians,  and  the  teaching  to 
them  of  civilization,  the  missions  performer]  a  great  service 
to  the  nation  in  occnpying  and  holding  the  territory  against 
foreign  invasion.  Occupying,  as  they  did,  the  entire  coast 
line,  situated  within  easy  reach  of  one  another,  and  furnishing 
supplies  to  the  government  from  the  products  of  the  soil  and 
of  the  herds  of  cattle,  horses,  and  sheep,  their  importance,  aside 
from  the  immediate  work  of  civilizing  the  Indians,  cannot  be 
over-estimated. 


CHAPTER  YII. 
The  Mission  System. 

The  occupation  and  settlement  of  Alta  California  was  ac- 
complished by  a  three-fold  plan,  involving  the  civil,  religious^ 
and  military  forces  of  the  government.  First,  to  guard  the 
"  mark,"  there  were  established  the  presidios,  or  frontier  for- 
tresses, which  finally  combined  the  civil  with  the  military 
function,  and  developed  into  military  towns ;  second,  the 
purely  civic  community,  or  pueblo,  composed  of  colonists 
settled  on  the  land  ;  and  finally  the  mission,  which  was  eccle- 
siastical in  its  nature,  but  to  be  eventually  resolved  into  a 
civil  pueblo.  In  the  colonization  of  California,  the  mission 
must  ever  hold  the  front  rank,  more  on  account  of  the  zeal 
and  enterprise  of  those  connected  with  its  management,  and 
on  account  of  the  amount  of  the  work  accomplished,  than 
because  of  the  nature  of  the  settlement.  Whereas  the  State 
regarded  the  missions  as  temporary  institutions,  the  priests, 
to  whom  their  welfare  was  entrusted,  regarded  them  as  the 
most  important  of  all  the  institutions  encouraged  by  the 
government;  and  consequently  they  threw  their  whole  life 
into  the  work  of  civilizing  the  natives.^  Whatever  the  inten- 
tions of  the  government  might  have  been  on  the  subject,  it 
was  firmly  ,held  by  the  padres  that  their  work  was  to  be  per- 
manent. As  has  been  stated,  the  military  and  the  religious 
forces  were  used  by  the  State  in  the  consummation  of  its 
plans.     Although  it  was  often  affirmed  that  the  object  of 

*■  Venegas,  History  of  California,  Part  III,  Section  1. 

112 


The  Mission  System.  113 

Spanish  expeditions  was  to  convert  the  natives,  and  doubtless 
it  was  so  intended  by  at  least  some  of  the  sovereigns  of  Spain, 
yet  it  was  never  the  prime  object  of  the  State.^  Galvaez  was 
a  zealous  Christian,  and  believed  heartily  in  the  conversion 
and  civilization  of  the  Indians ;  but  he  was  also  in  the  service 
of  the  king  of  Spain,  and  believed  that  friars  were  to  be  made 
politically  useful ;  and  consequently  he  hastened  to  secure  their 
services  in  the  conquest  of  California.  On  the  other  hand, 
the  relation  of  the  military  to  the  mission  was  that  of  protec- 
tion against  hostile  invasion.  Viewed  from  the  standpoint  of 
the  ecclesiastic,  the  soldiers  were  sent  to  guard  the  mission- 
aries and  to  build  forts  to  protect  them  against  sudden  attack  ; 
and  soldiers  were  therefore  subordinate  to  the  priests  in 
the  process  of  settlement.^  This  was  in  part  true;  for  wherever 
missionaries  went  a  guard  was  sent  to  protect  them  ;  but  this 
guard  was  sent  by  the  king  or  his  representative,  and  conse- 
quently was  not  subordinate  to  the  priests  except  by  special 
provision.  Beyond  the  design  of  protection  to  the  missions 
there  was  the  greater  object  of  guarding  the  frontier  against 
foreign  invasion.  The  friars,  like  the  soldiers,  were  to  be 
dismissed  from  the  service  of  the  State  when  their  assistance 
was  no  longer  needed ;  and  the  results  of  their  efforts  in 
the  cause  of  civilization  were  to  be  turned  over  to  the  civil 
authorities. 

Prior  to  the  conquest  of  California,  the  civil  power  had  relied 
very  largely  upon  the  ecclesiastical  in  the  management  of  the 
Indians ;  although  the  ecclesiastic  was  always  under  the  di- 
rection of  the  civil  law.^  In  the  conquest  and  settlement  of 
Mexico  and  South  America,  the  religious  orders  were  found 
very  useful  in  domesticating  the  natives,  and  in  controlling 
the  Spanish  colonists  and  soldiery.  For  this,  as  well  as  for 
other  reasons,  the  extension  of  the  faith  was  always  encouraged 
by  the  crown  of  Spain.     The  pious  sovereigns  no  doubt  de- 


1  Bancroft,  Mexico,  III,  401.  "  Venega.^  Part  III,  Section  21. 

^Proclamation  of  Ferdinand  VI.,  Venegas,  III,  21. 


114  Spanish  Institutions  of  the  Southwest. 

sired  to  improve  the  condition  of  the  natives  and  to  save 
their  souls ;  but  there  was  involved  in  the  process  an  ever- 
present  idea  of  advantage  to  the  State.  During  the  early  ex- 
jjlorations  in  the  New  World,  the  natives  received  very  little 
consideration,  although  friars  accompanied  each  expedition  to 
administer  to  the  spiritual  needs  of  the  Spaniards,  and  to 
preach  to  the  natives  when  opportunity  offered.  We  referred 
to  the  fact  that,  in  the  year  1522,  Friar  Melgarejo  came  from 
Spain  to  grant  indulgences  to  Spaniards,  on  account  of  their 
outrageous  conduct  toward  the  natives ;  and  on  his  return  he 
carried  a  large  sum  of  gold  which  was  lost  in  the  sea.^  It 
was  not  long  after  this  that  Father  Otando  and  other  friars 
began  in  real  earnest  the  work  of  domesticating  and  baptizing 
the  Indians ;  but  it  was  many  years  before  the  work  was  well 
systematized. 

In  the  early  history  of  the  conquest,  the  Indians  were  made 
slaves  and  disposed  of  at  the  will  of  the  conqueror ;  subse- 
quently a  general  law  of  the  Indies  laid  a  capitation  tax  on  all 
of  the  natives,  which  could  be  paid  by  their  working  eighteen 
months  in  the  mines  or  on  a  rancho.^  In  the  oldest  grants 
made  to  proprietors  in  Hispaniola,  the  Indians  were  treated 
as  stock  on  the  farm  ;  and  the  deed  of  transfer  of  property 
declared  the  number  which  the  proprietor  was  entitled  to 
treat  in  this  way.^  After  this,  the  natives  were  treated  by 
what  is  known  as  the  repartimiento  system,  under  which  they 
lived  in  villages,  but  were  compelled  to  labor  in  places 
assigned  them  for  a  given  period.  The  proprietor  had  a  right 
to  their  labor,  but  could  claim  no  ownership  of  their  persons.* 
The  next  legislation  in  regard  to  the  disposal  of  the  Indians 
engrafted  upon  the   repartimiento   the   encomiendas   system.^ 


*  Bancroft,  Mexico,  II,  159. 

'^  Becopilacion  de  leyes  de  los  Reynos  de  las  Indias,  libro  VI,  titulo  3. 

^  Merivale,  Colonies  and  Colonization,  279. 

"Arthur  Helps,  Spanish  Conquest  of  America,  Book  XIV,  Ch.  I  and  II. 

*  See  Chapter  IV. 


The  Mission  System.  115 

This  required  that  within  certain  districts  the  Indians  should 
pay  a  tribute  to  the  proprietors  of  that  district,  which  of 
necessity  must  be  paid  in  labor  ;  and  the  lords  of  the  soil  were 
required  to  give  the  natives  protection.  It  M-as  a  revival  of 
the  feudal  theory  in  part ;  but  the  relative  positions  of  the  con- 
tracting parties  rendered  the  tribute  sure  and  the  protection 
doubtful.  But  with  all  this  apparently  wise  legislation,  the 
condition  of  the  Indian  grew  worse  ;  he  was  still  at  the  mercy 
of  the  conqueror. 

To  improve  the  condition  of  the  Indians  the  decrees  of  the 
king  of  Spain  instructed  the  priests  to  gather  the  natives  into 
villages  and  compel  them  to  live  in  communities.^  For  lands  I 
occupied,  they  paid  a  rent  to  the  proprietor,  and  a  personal  ' 
tax  or  tribute  to  the  crown.  Here  they  were  under  the  imme- 
diate control  of  the  ecclesiastics,  but  were  granted  the  privil- 
ege of  electing  alcaldes  (judges)  and  regidores  (councilraen)  of 
their  own  race  for  the  control  of  municipal  aifairs."  But  this 
was  a  mere  show  of  freedom  ;  for  the  priests  in  charge  had  the 
power  to  control  this  election  by-play  as  they  chose.^  Under 
this  system,  and  forever  afterwards,  the  natives  were  treated 
as  legal  minors  under  a  trusteeship.  The  royal  decrees  so 
recognized  them ;  and  the  missionaries,  in  all  their  dealings, 
treated  them  accordingly.  It  was  a  common  thing  for  the 
padres  to  call  the  neophytes  their  children.  This  was  the 
outcome  of  the  legal  fiction  held  by  the  king  that  the  natives 
had  the  primary  right  to  the  soil ;  the  Indian  race  was  to  be 
retained  and  to  share  the  soil  with  the  Spanish  people,  but  to  be 
in  every  way  subordinate  to  them.  However  well  recognized 
this  policy  might  have  been,  the  children  of  the  conquered 
land  usually  submitted  to  the  convenience  of  the  conquerors. 
The  race  problem  of  placing  a  superior  and  an  inferior  race 
upon  the  same  soil  and  attempting  to  give  them  equal  rights 
was  then,  as  now,  difficult  to  solve. 


1  Recopilacion,  VI,  3,  1-29.  "  Ibid. 

^  Hiimboldt,  Essay  on  New  Spain,  I,  421. 


116  Spanish  Institutions  of  the  Southwest. 

On  the  other  hand,  the  priests  and  the  secular  clergy  were 
diligent  in  the  salvation  of  souls.  Thousands  were  baptized 
by  the  friars  and  taught  the  rites  of  the  new  religion.  It  is 
said  that  in  a  single  year  (1537)  above  500,000  were  bap- 
tized,^ and  that  the  Franciscans  baptized,  during  the  first  eight 
years  of  their  active  work,  not  less  than  1,000,000.^  But  the 
process  of  the  civilization  was  too  severe,  and  the  treatment 
received  at  the  hands  of  the  dominant  race  too  oppressive,  to 
make  rapid  progress  in  the  arts  of  civilized  life  possible ;  and 
the  number  of  the  natives  decreased  rapidly  under  the  treat- 
ment of  the  conquerors. 

The  most  perfect  example  of  this  method  of  civilizing  the 
natives  is  that  furnished  by  the  Jesuits  in  Paraguay,  where, 
in  the  latter  half  of  the  .sixteenth  century,  they  held  absolute 
sway  over  a  large  part  of  the  territory.^  In  this  tract  of  land, 
granted  them  by  the  king,  untrammeled  by  government, 
custom,  law,  and  the  common  nuisance  of  settlers  and  adven- 
turei-s,  the  Jesuits  began  their  state.  The  Indians  were 
gathered  into  towns  or  communal  villages  called  "bourgaden," 
or  reductions,  where  they  were  taught  the  common  arts,  agri- 
culture, and  the  practice  of  rearing  cattle.*  In  each  town 
were  appointed  two  spiritual  guides,  who  baptized  the  natives, 
taught  them  the  rites  of  the  Christian  faith,  and  taught  them 
of  religious  and  moral  life  in  general. 

At  first  all  property  was  held  in  common,  the  labor  of  each 
person  being  allotted  according  to  his  strength  and  skill. 
While  the  villagers  gave  over  to  the  community  the  products 
of  their  toil,  they  were  in  turn  fed,  clothed,  and  instructed. 
The  chief  occupations  of  the  natives  were  agriculture  and  the 
raising  of  cattle;  but  they  soon  had  a  sufficient  number  of 
skilled  artisans  to  manufacture  all  of  the  necessary  commodi- 
ties for  the  use  of  the  young  state,  and  were  consequently 


^  Bancroft,  Mex.,  II,  408.  "  Torquemada,  Monarchia  Indiana,  III,  156. 

^  Documentos  para  la  historia  de  Mexico,  II,  204. 
*  Arthur  Helps,  Spanish  Conquest,  IV,  377  et  seq. 


The  Mission  System.  117 

economically  and  commercially  independent.  For  many  years 
these  colonies  flourished ;  and  there  were  large  stores  of  sur- 
plus grain  in  the  villages,  while  the  plains  were  covered  with 
herds  of  cattle. 

At  the  time  the  territory  was  ceded  to  Portugal,  there  were 
300,000  families  gathered  into  forty-seven  villages  or  districts.^ 
As  soon  as  the  families  had  adopted  the  elements  of  modern 
civilization,  and  had  shown  a  capability  of  independent  life, 
they  were  permitted  to  hold  land  in  severalty,  to  call  it  their 
own,  and  to  have  the  right  to  the  product  of  their  own  labor. 
There  was  an  attempt  to  teach  them  the  elements  of  self- 
government  by  allowing  the  natives  to  elect  from  their  num- 
ber, by  ballot,  magistrates  to  represent  each  district ;  these, 
when  chosen,  were  to  be  subject  to  the  approval  of  the  Jesuits 
in  charge.  In  the  formation  of  towns,  great  care  was  taken 
to  locate  them  in  fertile  valleys  and  to  lay  out  the  town 
properly,  allowing  each  Indian  a  house-lot  with  a  garden 
attached.^  A  church  was  built  in  the  centre  of  the  town,  and 
a  convent  and  the  caciques'  houses  were  located  near  it.  To 
those  Indians  who  were  capable  of  self-control,  lands  besides  the 
house-lots  were  granted  for  cultivation.  In  all  villages,  whether 
strictly  communal  or  partially  so,  public  lands  were  reserved 
principally  for  religious  purposes.  These  lands  were  worked 
by  the  Indian  youth  ;  the  products  of  the  soil  being  gathered 
into  granaries  for  the  purpose  of  supplying  the  sick  and  the 
needy,  or  of  providing  against  want.  Much  attention  was 
given  to  the  education  of  the  children,  which  was  considered 
a  public  affair,  and  the  children  were  looked  upon  as  belonging 
to  the  state.  The  Jesuits'  discipline,  beginning  with  birth  and 
ending  with  death,  demanded  implicit  obedience.  But  the 
Indians  were  free  from  care,  had  no  taxes  to  pay,  and  received 
property  in  proportion  to  capability  and  needs.  And  it  may 
be  said  that  there  was  no  ambition  and  no  desire  for  money. 


^  Burke,  European  Settlements  in  America,  I,  328  et  seq. 
*  Helps,  Spanish  Conquest,  IV,  378. 


118  Spanish  Institutions  of  the  Southwest. 

Here,  away  from  the  contarainatiDg  influences  of  modern 
civilization,  was  an  ideal  state,  equal  to  any  dreamed  of  by 
St.  Simon,  Fourier,  or  Bellamy.  It  was  successful  enough  ; 
and  the  natives  were  very  happy  until  they  came  in  contact 
with  the  natural  selfishness  and  avarice  of  the  European ;  for 
it  must  be  understood  that,  while  under  Spanish  authority,  no 
stranger  was  allowed  to  enter  this  land  unattended  by  an 
official  of  the  Jesuits.  But  here,  as  elsewhere,  the  direct  con- 
tact of  the  sturdy  Europeans  with  the  natives  has  been  pro- 
ductive of  disaster  to  the  weaker  race,  and  no  legislation  has 
been  able  to  protect  it.  It  is  -vorthy  of  attention  that  in  this, 
as  in  all  other  successful  communistic  societies,  the  great  mass 
of  the  people  must  be  as  children  before  the  central  authority, 
and  must  subscribe  to  a  law  of  absolute  obedience  to  this 
central  power.  This  same  method  was  adopted  in  Mexico ; 
but  an  attempt  to  gather  the  natives  into  villages  failed,  and 
the  severe  treatment  that  they  received  at  the  hands  of  the 
conquerors  wasted  them  away ;  while  the  constant  contact  with 
the  Spaniards  prevented  the  adoption  of  systematic  methods 
of  civilization.  Yet  we  find  that  certain  individuals  pursued 
the  same  plan  elsewhere.  Salvatierra  carried  out  the  same 
methods  in  Lower  California ;  ^  and  Serra,  the  Franciscan, 
adopted  this  plan  in  Mexico  prior  to  his  entrance  into  Upper 
California,  where  he  continued  to  follow  the  same  system  with 
some  modifications.  It  cannot  be  said  that  it  was  the  system 
of  the  Jesuits,  but  rather  the  system  founded  by  the  laws  of 
the  Indies,  and  first  successfully  applied  by  the  Jesuits. 

As  has  been  stated,  the  first  colony  in  Alta  California  was 
planted  at  San  Diego,  in  1769,  as  a  result  of  the  four  expedi- 
tions dispatched  from  Mexico  by  Visitador  Galvaez.  The 
first  public  exercises  after  the  arrival  of  the  colonists  were 
to  say  mass  and  erect  a  cross,  and  this  was  done  with  the  usual 
ceremonies.  At  Monterey  we  find  the  same  order  of  exercises. 
Mass  was  accompanied  with  the  roar  of  cannon  and  the  rattle 

'  Venegas,  Part  III,  Sec.  11. 


The  Mission  System.  119 

of  musketry,  and  after  the  ceremony  Captain  Portola  unfurled 
the  Spanish  flag  and  took  formal  possession  of  the  land  in  the 
name  of  the  king.^  At  San  Diego  and  at  Monterey,  a  few  rude 
huts  were  thrown  up  at  first,  one  of  which  was  used  as  a  church ; 
and  the  more  permanent  buildings  of  the  presidios  were  erected 
afterwards.  As  soon  as  practicable  the  friars  began  their  mis- 
sionary labor ;  and  from  that  time  on  it  was  the  most  important 
work  accomplished  in  the  occupation  and  settlement  of  Cali- 
fornia under  Spanish  rule.  After  the  occupation  of  Monterey, 
news  was  dispatched  to  Mexico  informing  the  authorities  there 
of  the  progress  of  the  expeditions.  The  accomplishment  of  a 
plan  that  had  been  in  the  minds  of  kings  and  rulers  for  over 
two  centuries  caused  great  rejoicing  in  the  capital  city.  The 
unity  of  the  civil  and  religious  powers  in  the  temporal  and 
spiritual  conquest  of  California  is  shown  in  the  nature  of  the 
celebration  that  took  place  in  Mexico  on  the  arrival  of  the 
news  of  the  grand  achievement.  The  cathedral  and  church 
bells  rang ;  a  solemn  thanksgiving  was  held  in  which  all  of 
the  government  dignitaries  participated ;  and  a  grand  recep- 
tion was  given,  at  which  Minister  Galvaez  and  Viceroy  Croix 
received,  in  the  name  of  the  king,  the  congratulations  of  the 
people  on  account  of  the  conquest.  In  the  midst  of  this 
enthusiasm,  an  order  was  issued  for  the  completion  of  the  plan 
of  conquest,  and  for  the  founding  of  five  new  missions.- 

The  usual  method  of  founding  a  mission  in  a  territory  was 
as  follows.  After  the  construction  of  a  few  rude  huts,  the 
missionaries,  by  a  display  of  banners  and  pictures,  attracted 
the  attention  of  the  natives,  and  further  gained  their  confidence 
by  gifts  of  food,  trinkets,  and  bits  of  cloth.  A  banner  with 
a  picture  of  the  Virgin  was  among  the  most  powerful  attrac- 
tions held  out  to  the  natives  ;  it  appealed  to  their  superstitious  | 
nature,  and  when  explained  to  them  had  a  Avonderful  influence 
in  their  control.  Little  by  little  the  friars  induced  familiarity 
and  confidence  in  the  natives,  who  returned  each  day,  bringing 


Bancroft,  California,  I,  170.  -  Bancroft,  XYIII,  173. 


120  Spanish  Institutions  of  the  Southwest. 

companions  with  them.  Finally  they  were  led  to  listen  to  the 
teachings  of  religion,  and  consented  to  engage  in  work  about 
the  mission  buildings,  as  long  as  they  were  remunerated  as 
above  stated.  As  soon  as  possible,  they  were  induced  to  live 
in  huts  in  or  near  the  mission,  and  to  take  up  the  forms  of 
religion  and  civilization.  The  rude  mission  buildings  soon 
gave  place  to  more  habitable  structures,  and  the  products  of 
arts  and  industries  began  to  accumulate.^  Prior  to  the  occu- 
pation of  California  by  the  Europeans,  the  Indians  dwelt, 
more  or  less  in  temporary  villages,  later  called  "  rancherias," 
where  they  had  an  imperfect  government,  controlled  by  chiefs, 
councils,  and  priests.^ 

It  was  the  custom  of  the  friars  to  go  out  frequently  from 
the  established  mission  to  these  adjacent  villages  and  instruct 
the  Indians;  and  this  resulted  in  making  the  surrounding 
rancherias  dependent  upon  the  central  mission.  From  these 
villages  the  neophytes  of  the  mission  were  re-enforced.  In 
later  times,  after  the  wild  Indians  became  scarce,  predatory 
excursions  were  made,  and  the  natives  were  secured  by  force 
and  brought  to  the  mission  for  civilization. 

It  was  the  policy  of  Charles  V.  that  the  Indians  should_be 
"  induced  and  compelled  "  to  live  in  villages ;  this  being  con- 
sidered the  only  way  to  civilize  them.  Minute  instructions 
were  also  given  by  this  monarch  for  their  government  in  the 
village.^  They  were  to  have  a  priest  to  administer  religious 
affairs,  and  native  alcaldes  and  regidores  for  the  management 
of  municipal  affairs.  It  was  further  provided  that  no  Indian 
should  change  his  residence  from  one  village  to  another,  and 
that  no  Spaniard,  negro,  mestizo,  or  mulatto  should  live  in  an 
Indian  village  over  one  day  after  his  arrival,  and  that  no 
person  should  compel  an  Indian  to  serve  against  his  will  in  the 


^  Forbes,  History  of  California,  43,  56,  199  et  seq. 

^Powers,  Stephen  J.,  Aborigines  of  California;    U.  S.  Geological  Survey, 
J.  W.  Powell,  1888.     Dwinelle,  History  of  San  Francisco,  13. 
'  Recopilacion,  Libro  VI,  for  laws  governing  los  Indios. 


The  Mission  System.  121 

mines  or  elsewhere.^  In  all  of  these  and  similar  provisions,  the 
laws  of  Spain  for  the  treatment  of  the  natives  were,  upon  the 
whole,  wise  and  humane.  Carlos  III.  granted  .special  privi- 
leges to  the  natives,  and  annulled  the  laws  providing  for  the 
repartimiento  and  the  encomienda  systems,  although  it  was 
still  the  policy  of  the  government  to  keep  them  in  a  condition 
of  perpetual  minority.  It  was  upon  these  and  similar  laws  of 
the  Indies  that  the  practice  of  treating  the  natives  of  California 
was  based,  although  the  method  varied  in  its  details. 

As  soon  as  a  new  convert  was  baptized,  he  was  made  to  feel 
that  he  had  taken  personal  vows  of  service  to  God,  whom  the 
priest  represented,  and  to  think  that  the  priest  had  immediate 
connection  with  God.  From  this  time  on  he  was  a  neophyte, 
and  belonged  to  the  mission  as  a  part  of  its  property.  As  the 
padre  in  charge  had  full  control  of  all  of  the  affairs  as  well  as 
the  property  of  the  mission,  the  relation  of  the  missionary  to  the 
neophyte  M^as  in  loco  parentis.  As  far  as  the  individual  work- 
ings of  the  missions  were  concerned,  there  was  established  a 
complete  form  of  patriarchal  government.  If  a  neophyte 
escaped  from  the  mission,  he  was  summoned  back ;  and  if  he 
took  no  heed  of  the  summons,  the  missionary  appealed  to  the 
governor,  who  dispatched  soldiers  to  capture  him  from  his 
tribe  and  return  him  to  the  mission.  After  his  jeturn^_he, 
was  severely  flogged.  For  small  offences  the  neophytes  werej 
usually  whipped,~put  in  prison  or  the  stocks,  or  else  loaded 
with  chains ;  for  capital  crimes  they  were  turned  over  to  the- 
soldiery,  acting  under  the  command  of  the  governor,  to  undergo 
more  severe  punishment. 

In  the  general  government  of  the  missions,  the  Viceroy  of 
Mexico  was  the  final  arbiter  of  all  disputed  points ;  but  the 
immediate  authority  and  supervision  was  given  to  a  padre 
president,  who  had  advisory  control  of  all  the  missions.     As 


1 "  Ninguna  persona  se  pueda  servir  de  los  indios  por  via  de  naboria,  ne  tapia 
ni  otro  modo  aluguno,  contra  su  voluntad." —Documentos  para  la  Hisloria  de 
Mexico,  II,  212. 


122  Spanish  Institutions  of  the  Southwest. 

there  was  a  military  governor  of  the  entire  province  in  which 
the  mission  was  located,  frequent  disputes  occurred  between 
the  military  and  ecclesiastics.  In  each  mission  were  two  eccle- 
siastics ;  the  senior  having  control  of  the  internal  affairs  of 
the  mission,  and  his  subordinate  superintending  the  construc- 
tion of  buildings,  the  sowing  and  harvesting  of  grain,  and  the 
management  of  the  flocks  and  herds. 

It  will  be  seen  that  by  this  sjstem  the  neophyte  was  jpoliti- 
cally  and  economically  a  slave;  the  missionary  had  control  of 
his  labor-power,  and  had  a  legal  right  to  the  products  of  his 
toil.  The  law  called  for  Indian  magistrates;  but  the  part 
played  by  the  neophyte  in  this  novel  state  was  exceedingly 
small.  The  fathers  utilized  the  leaders  of  the  tribes,  "  capi- 
tans  "  as  they  were  called,  in  the  control  of  the  natives ;  and 
frequently  went  through  the  formality  of  an  election  in 
appointing  them  as  mayordomas  or  overseers,  alcaldes  or 
councilmen  :  but  it  was  indeed  a  matter  of  form ;  for  the 
power  all  'lay  with  the  priest. 

The  life  of  the  natives  at  the  missions  varied  with  the 
nature  of  the  friar  in  charge ;  but  as  a  rule  the  tasks  were 
not  too  heavy.  Ugon  the  whole,  the  life  was  quite  easy 
enough  to  those  who  liked  it ;  although  the  neophyte  found 
the  requirements  of  steady  round  of  duties  at  the  mission  far 
different  from  those  which  the  wild  and  reckless  habits  of  his 
former  life  had  made  necessary.  Under  the  discipline  of  the 
mission,  he  must  undergo  a  ceaseless  round  of  religious,  social, 
and  industrial  duties,  which  must  have  been  severe  indeed  to 
one  that  had  been  accustomed  to  freedom  and  had  never  toiled 
except  by  accident.  Much  attention  was  given  to  religious 
affairs ;  and  frequently,  if  we  may  credit  the  report  of  the 
explorers,  the  temporal  needs  of  the  natives,  who  lived  in  a 
condition  little  removed  from  their  original  one,  were  sacrificed 
for  the  sake  of  religious  and  ceremonial  practices. 

As  the  products  of  the  labor  of  the  neophytes  were  under 
the  control  of  the  friars,  and  as  a  large  amount  of  the  products 
were  spent  in  embellishing  the  churches  or  were  hoarded  in 


The  Mission  System.  123 

the  missions,  it  is  evident  that  much  more  might  have  been 
done  to  relieve  the  temporal  condition  of  the  natives,  and, 
consequently,  to  improve  their  spiritual  condition.' 

At  sunrise  the'angelus  summoned  all  to  mass;  and  from 
the  several  departments,  directed  by  the  overseers  and  led  by 
the  priest,  the  neophytes  filed  into  the  church  to  engage  for 
one  hour  in  public  worship.  At  the  close  of  the  public  service 
breakfast  was  served  ;  and  afterward  the  natives  repaired,  as 
directed  by  the  overseers,  to  the  fields  or  to  the  workshops,  to 
pursue  their  various  occupations.  Seven  hours  of  each  day  were 
devoted  to  labor,  two  to  specific  prayer,  and  the  remainder  of  the 
time  to  rest  and  divine  worship.  The  neglect  of  religious  ser- 
vice was  considered  a  misdemeanor  and  was  visited  by  corporal 
punishment.  The  industries  of  the  mission  were  varied.  Apart 
from  the  missions  were  the  great  ranches  where  the  sheep,  cattle, 
and  other  stock,  were  herded  or  allowed  to  roam  with  the  least 
possible  care.  These  ranches  needed  attention,  and  were  cared 
for  by  the  natives  under  the  direction  of  the  overseers  of  Indian 
blood.  Somewhat  nearer  the  mission  were  the  fields  for  sow- 
ing and  the  vegetable  gardens  and  the  orchards ;  all  of  these 
needing  care  and  hard  work.  Then  the  creek  or  the  river 
must  be  dammed,  and  the  long  irrigation  ditch  built,  and  all 
kept  in  repair.  In  seed  time  and  in  harvest,  as  well  as  while 
the  crops  were  growing,  there  was  no  lack  of  toil  for  the 
domesticated  Indian. 

There  were  other  industries  carried  on.  Artisans  were  sent 
from  Mexico  to  teach  the  natives  to  make  saddles  and  shoes,  to 
work  at  the  forge,  to  spin  and  weave,  and  in  fact  to  teach  them 
all  of  the  common  industrial  arts.  The  construction  of  the 
churches,  the  storehouses,  and  the  dwellings,  required  nuich 
labor ;  for  stones  must  be  quarried,  brick  made  and  dried  ia 
the  sun,  and  timber  hewn  and  frequently  carried  a  great  dis- 
tance. For  all  of  this  the  native  received  food,  clothing,  and 
instruction.      The  food  of  the  natives  consisted  of  roasted 


De  Mofras,  II,  316. 


124  Spanish  Institutions  of  the  Southivest, 

barley  (atole)  for  the  morning  meal,  which  was  prepared  while 
mass  was  progressing,  by  persons  appointed,  one  from  each 
cabin,  as  cooks  for  the  time  being.  The  barley  was  roasted  in 
quantities  and  further  prepared  by  boiling ;  and  was  appor- 
tioned to  the  neophytes  daily,  according  to  their  supposed 
needs.  At  noon  a  more  substantial  meal  was  served,  com- 
posed of  vegetables  in  addition  to  the  barley  preparation.^ 
Doubtless  the  natives  were  more  regularly  and  better  fed  than 
when  they  subsisted  upon  the  products  of  the  chase,  or  on 
roots,  herbs,  and  acorns;  but  it  may  be  doubted  that  they 
were  better  physically  under  this  new  regime. 

The  clothing  of  the  natives  was  always  meagre ;  a  coarse 
cloth  was  made  into  blankets  and  shirts,  which,  with  shoes  or 
sandals,  made  their  chief  covering  ;  although  sometimes  a  more 
complete  civilian  dress  was  given.  When  a  ship  arrived  from 
Spain  or  Mexico,  small  quantities  of  fancy  goods  were  dis- 
tributed among  the  neophytes. 

As  for  shelter,  the  first  houses  of  the  natives  in  their  domes- 
ticated state  were  made  of  sticks  driven  in  the  ground  and 
covered  with  straw.  They  were  not  far  removed  in  appearance 
from  the  rude  huts  in  which  the  natives  dwelt  prior  to  their 
connection  with  the  missions.  The  sun  and  air  had  free  play 
in  the  loose  structures,  and  the  inmates  suffered  much  from  the 
effect  of  the  storms  of  winter ;  but  it  was  maintained  by  the 
fathers  that  the  natives  could  not  be  induced  to  live  in  better 
ones,  and  that  these  structures  were  more  conducive  to  their 
health  than  closely  constructed  buildings.  It  was  also  necessary 
to  burn  these  houses  occasionally  in  order  to  free  them  from 
vermin,  and  it  cost  but  little  labor  to  replace  hovels.  It  is  to  be 
noticed,  however,  that  as  soon  as  convenient  the  natives  were 
given  more  substantial  houses,  although  the  public  buildings 
of  necessity  had  to  be  remodeled  first,  and  especially  the 
church.     In  the  larger  buildings  of  the  mission,  better  apart- 

1  Forbes,  219. 


The  Mission  System.  125 

ments  were  prepared  for  the  females,  who  were  regidarly 
locked  up  for  the  night  that  they  might  be  properly  protectetl. 

Not  all  of  the  time  of  the  natives  at  the  mission  was  occu- 
pied in  religious  ceremonies  and  the  daily  routine  of  toil.  The 
life  at  the  missions  was  relieved  by  social  hours,  in  which 
the  neophytes  could  engage  in  games,  or  enjoy  idleness,  as 
suited  their  taste.  They  were  very  fond  of  games  and  music, 
and  the  padres  took  advantage  of  these  inclinations  to  teach 
them  many  things  in  a  social  way.^  Besides  some  innocent 
games  of  chance,  gambling  was  learned  from  the  Spaniards 
and  carried  to  criminal  excess.^  Dancing  was  a  favorite 
pastime  in  some  of  the  missions.  In  their  games  the  Indians 
resembled  grown  children  in  simplicity.  We  must  except 
gambling,  in  which,  like  drinking,  they  imitated  to  perfection 
a  class  of  white  men  who  were  anything  but  childlike.  The 
padres  took  great  pains  to  teach  the  domesticated  natives  nmsic, 
the  use  of  the  violin  and  other  instruments ;  and  as  the  neo- 
phytes were  fond  of  this  pastime,  it  helped  to  spend  the  even- 
ings more  pleasantly,  and  was  especially  useful  at  divine 
worship. 

Much  of  interest  could  be  added  pertaining  to  the  life  at 
the  missions ;  but  the  subject  will  be  closed  with  a  quotation 
from  De  Mofras  describing  the  mission  of  San  Louis  Rey : 
"The  building  is  a  quadrilateral.  The  church  occupies  one 
of  its  wings  ;  the  fa9ade  is  ornamented  with  a  gallery.  The 
building  raised  about  ten  feet  above  the  soil  is  two  stories  in 
height.  The  interior  is  formed  by  a  court.  Upon  the  gal- 
lery, which  runs  round  it,  are  the  dormitories  of  the  monks, 
of  the  majordomas,  and  of  travellers,  small  workshops,  school- 
rooms, and  storehouses.  The  hospitals  are  situated  in  the 
most  quiet  part  of  the  mission,  where  the  schools  are  kept. 
The  young  Indian  girls  dwell  in  the  halls  called  the  monas- 
tery, and  they  themselves  are  called  nuns.  They  are  obligetl 
to  be  secluded  to  be  secure  from  outrage  by  the  Indians. 


1  La  Perouse,  II,  224.  '  Forbes,  223. 


126  Spanish  Institutions  of  the  Southwest. 

Placed  under  the  care  of  Indian  matrons,  who  are  worthy  of 
confidence,  they  learn  to  make  clothes  of  wool,  cotton  and  flax 
and  do  not  leave  the  monastery  until  they  are  old  enough  to 
be  married.  The  Indian  children  mingle  in  the  schools  with 
those  of  the  white  colonists.  A  certain  number,  chosen 
among  the  pupils  who  display  the  most  intelligence,  learn 
music,  chanting,  the  violin,  the  flute,  the  violincello  and  other 
instruments.  Those  who  distinguish  themselves  in  the  car- 
penters' shop,  at  the  forge  or  in  agricultural  labors  are 
appointed  alcaldes  or  chiefs  (overseers),  and  charged  with  the 
direction  of  a  squad  of  workmen.  Before  the  civil  power  was 
substituted  for  the  paternal  government  of  the  missionaries, 
the  administrative  body  of  each  mission  consisted  of  two 
monks,  of  whom  the  elder  had  charge  of  the  interior  and  of 
the  religious  instructions  and  the  younger  of  the  agricultural 
works.  In  order  to  maintain  morals  and  good  order  in  the 
missions,  they  employed  only  so  many  of  the  whites  as  were 
absolutely  necessary ;  for  they  knew  that  their  influence  was 
wholly  evil,  and  that  an  association  with  them  only  de- 
veloped those  habits  of  gambling  and  drunkenness  to  which 
they  are  unfortunately  too  much  inclined."  ^ 

The  missions  were  all  built  upon  the  same  general  plan, 
although  they  differed  very  much  in  regard  to  convenience, 
quality,  and  magnitude  of  structure.  At  first  the  build- 
ings were  of  the  rudest  nature  conceivable;  but  these  gave 
way  to  more  substantial  structures  of  stone  or  brick.  The 
plan  of  building  about  a  quadrilateral  with  the  buildings 
opening  on  an  interior  court  planted  with  gardens  where  the 
trades  could  be  plied  in  the  open  air  on  pleasant  days,  was 
universal.  The  church  was  the  principal  building,  upon  it 
was  lavished  the  greater  part  of  the  wealth  of  the  primitive 
community,  and  upon  it  was  bestowed  the  most  elaborate  work 
of  the  padres  and  their  carpenters.  The  walls  of  the  buildings 
were  thick  and  substantial.      Though  the  architecture  was 


1  De  Mofras,  I,  261. 


The  Mission  System.  127 

somewhat  clumsy,  it  is  to-day  a  monument  of  the  skill  and 
industry  of  the  padres. 

There  are  traces  of  the  Moorish  architecture  as  modified 
in  Spain  after  the  first  expulsion  of  Moors  in  the  eighth 
century.  The  Arab-Moors  introduced  certain  types  of  archi- 
tecture which  they  derived  from  eastern  countries ;  and  these 
types  became  prominent  features  of  the  national  architecture 
of  Spain.^  The  Roman  type  was  united  with  them  in  their 
development.  This  primitive  architecture  was  transplanted 
to  America  unmodified  by  the  introduction  of  the  pointed  arch 
called  Gothic ;  indeed,  there  are  remnants  of  this  Moorish 
style  in  the  modern  architecture  of  Spain,  the  Gothic  never 
having  completely  dominated  it.^  But  the  old  architecture 
remains  in  its  purest  form  in  the  Spanish  provinces,  thus  fol- 
lowing a  universal  law  of  development. 

,It  has  become  the  habit  of  certain  writers  to  speak  indis- 
criminately of  the  Mooresque  style  of  the  California  mission 
buildings ;  but  it  is  not  easy  to  determine  to  what  extent  the 
Christians,  who  despised  the  Arab-Moors,  copied  the  archi- 
tecture of  the  latter  people.  For  the  architecture  of  Spain  is  as 
diverse  in  origin  as  the  inhabitants;  consequently  its  elements 
are  not  easily  traced.  In  the  southern  part  of  Spain,  the  Arab- 
Moors  have  left  distinct  monuments  of  their  architecture,  to 
which  the  mission  architecture  of  California  bears  a  slight 
resemblance ;  but  there  are  other  distinct  styles  traceable  in  the 
latter,  besides  a  certain  originality  of  design  which  is  attribu- 
table to  the  designers'  seeking  convenience  and  adaptability. 
Although  it  may  be  stated  that  the  mission  architecture  has 
nothing  to  resemble  it  elsewhere  in  America,  it  may  be  also 
stated  that  there  is  nothing  exactly  corresponding  to  it  in  Spain. 
However,  there  is  such  a  general  resemblance  to  Spanish  arch- 
itecture that  its  origin  could  be  easily  traced,  even  though  it 
were  unknown  that  the  missionaries  brought  it  from  Spain. 


^  Freeman. 

"Del  Arte  Arabe  en  Espaila,  por  D.  Eafael  Contreras,  101. 


128  Spanish  Institutions  of  the  Southwest. 

During  the  long  dominion  of  the  Western  Empire  in  Spain, 
and  even  for  a  considerable  time  after  the  withdrawal  of  the 
Roman  government,  the  Roman  style  of  architecture  prevailed. 
After  the  introduction  of  the  Gothic,  it  was  blended  with  the 
Roman  forming  what  is  known  as  the  Romano-Gothic,  which 
became  prominent  in  the  north  of  Spain  as  late  as  the  eighth 
century/  With  the  rise  of  the  Christian  kingdoms  of  the 
north,  there  was  introduced  a  new  combination  of  architecture 
from  the  Eastern  Empire  known  as  the  Roman-Byzantine, 
frequently  called  Romanesque.  The  predominence  of  this 
style  ceased  with  the  beginning  of  the  thirteenth  century,  to 
give  place  to  the  first  native  school  in  Spain,  the  Hispano- 
Catholic.  This  did  not  copy  much  from  the  Moors,  on 
account  of  the  hostility  which  existed  between  the  two 
nations.  This  hostility  was,  in  fact,  the  cause  of  the  origin 
of  the  new  style,  brought  about  along  with  the  development 
of  the  modern  Spanish  nation.  It  obtained  until  the  sixteenth 
century,  when  it  was  replaced,  to  a  certain  extent,  by  the 
Plateresque  or  Graeco-Roman,  which  was  the  most  popular 
until  the  eighteenth  century.  While  these  more  or  less  imper- 
fect styles  of  architecture  succeeded  one  another  in  Spain,  the 
Arab-Moors  had  introduced  other  styles  which  they  had  bor- 
rowed from  oriental  countries  and  modified  by  their  own 
designs.  This  Mooresque  architecture  had  its  first  origin  in 
Persia,  but  was  influenced  by  the  Romanesque,  the  Egyptian, 
and  that  of  the  Moors  and  Berbers  of  Africa  through  whose 
country  the  Arabs  passed  on  their  way  to  Spain.  Side  by 
side  with  the  various  forms  of  Christian  architecture  arose 
the  palaces  and  the  mosques  of  the  Arab-Moors.  Of  this 
Mooresque  architecture  Coppee  points  out  three  schools.^  The 
first  extending  from  the  eighth  to  the  eleventh  century,  is 
strongly  marked  by  the  Byzantine  style,  owing,  it  is  supposed, 
to  the  influence  of  the  Christian  architects  employed  by  the 
Arab-Moors.     The  next  school  embraces  the  period  from  the 

1  Coppde,  Conquest  of  Spain,  II,  407.  ^  Ibid,  408. 


The  Mission  System.  129 

eleventh  to  the  thirteenth  century,  and  is  characterized  by  a 
style  more  purely  Arabian.  The  third  and  last  school  repre- 
sents the  purely  Arabian  architecture.  It  arose  at  a  time 
when  the  life  of  the  Moors  and  the  Spaniards  was  almost 
entirely  separated.  It  was  a  period  which  culminated  with 
the  conquest  of  Grenada  and  the  final  conquest  of  the  Arab- 
Moors  in  Spain.  Which  of  all  of  these  styles  was  imported 
by  the  Spaniards  to  the  New  World,  and  which  did  the  padres 
imitate  more  closely  in  the  mission  buildings?  It  is  evident 
that  no  single  style  exclusively  prevailed ;  for  they  were  all 
more  or  less  blended  in  Spain.  Nevertheless  there  are  many 
distinctive  marks  of  several  styles  which  the  padres  attemjjted 
to  imitate,  adapting  them  to  the  conditions  under  which  they 
labored.  Thus  they  attempted  to  imitate  the  Mooresque  in 
respect  to  the  large  open  courts,  with  fountains  and  gardens. 
The  court  and  fountain  at  Santa  Barbara  are  good  illustra- 
tions of  this.  Another  characteristic  of  the  Mooresque  archi- 
tecture is  observed  in  the  square  columns  which  support  the 
roofs  of  the  corridors.  The  corridors  themselves  facing  the 
court  are  more  Arabian  than  Roman ;  and  of  these  there  are 
many  examples,  but  none  better  than  that  of  San  Fernando 
and  San  Miguel  missions.  In  the  cupola  of  the  mission 
church  at  Los  Angeles  is  a  true  Moorish  roof  covering  the 
\Jbelfry ;  and  one  may  see  here  and  there  slight  traces  of  the 
horse-shoe  arch,  which  was  the  purest  characteristic  of  the 
Arabian  architecture,  and  is  so  prominent  in  the  Alhambra 
and  the  mosque  at  Cordova.  So,  too,  the  plain,  unpretentious 
exterior  is  illustrative  of  the  Mooresque;  for  their  adornments 
were  all  bestowed  upon  the  interior  of  the  building.  But, 
though  all  of  these  prominent  characteristics  are  distinctively 
Mooresque,  the  main  features  of  the  buildings  were  of  the 
Romanesque  type.  The  predominance  of  the  round  arch,  the 
massive  walls,  and  the  ground-plan  are  distinctively  Roman, 
modified  by  the  Christian  idea.  But  the  tile  roofs,  the  belfry 
towers,  and  the  general  characteristics  of  the  buildings,  are 
now  to  be  seen  in  the  villages  of  old  Spain. 
9 


-h-^ 


130  Spanish  Institutions  of  the  Southwest. 

The  traveller  views  with  astonishment  these  interesting 
structures  that  have  endured  the  storms  of  a  century  of 
seasons,  monuments  of  the  wisdom  and  perseverance  of  the 
founders  who  sought  not  to  transplant,  but  to  build  a  new 
civilization  out  of  crude  materials.  To  perpetuate  a  historic 
idea,  the  Hon.  Leland  Stanford  has  modeled  the  buildings  of 
his  magnificent  university  at  Palo  Alto  after  the  mission  arch- 
itecture. The  open  court,  the  long  colonnades,  the  round 
arches,  the  corridors,  and  the  tile  roofs,  present  a  style  unique 
and  picturesque,  as  well  as  commodious  and  convenient  for  the 
purposes  designed. 

But,  though  the  remains  of  the  old  buildings  are  full  of 
historic  interest,  the  historian  looks  beyond  the  buildings  to 
the  ruins  of  the  institutions  there  represented,  and  reflects 
upon  the  course  of  events  that  wrought  a  civilization  enduring 
less  than  a  century ;  upon  the  nature  of  the  government  that 
existed,  failed,  and  passed  suddenly  away.  The  buildings 
are  fast  crumbling  into  decay ;  the  natives  are  scattered,  the 
most  of  them  dead,  and  soon  there  will  not  be  a  vestige  left 
of  the  civilization  that  cost  hoards  of  treasure  and  many 
lives,  and  was  an  expression  of  holy  zeal  and  long  continued 
self-denial. 

The  plan  of  reducing  the  country  by  means  of  missionaries 
involved  in  the  intention  of  the  government,  the  changing  as 
soon  as  possible  of  the  missions  into  pueblos,  and  the  replacing 
of  the  missionaries  by  regular  ecclesiastics.^  This  plan  had  been 
adopted  in  Mexico  and  in  other  provinces  of  New  Spain,  and 
it  was  clearly  the  intention  of  the  government  to  carry  it  out  in 
California  as  soon  as  practicable.  The  patriarchal  community 
was  to  be  changed  into  a  civil  community,  the  missionary 
field  was  to  become  a  diocese,  and  the  president  of  the  missions 
to  be  replaced  by  a  bishop.^  The  mission  churches  were  to 
become  curacies,  and  the  communicants  of  the  neighborhood 

^  Wm.  Gary  Jones,  Report  on  Land  Titles  in  California,  13. 
»  Dwindle,  20.  » 


The  Mission  System.  131 

were  to  become  parish  worshippers.  The  monks,  who  had 
entire  charge  of  the  missions,  having  taken  vows  of  poverty 
and  obedience,  were  civilly  dead ;  and  consequently  had  no 
right  to  property.  The  missions  had  no  right  or  title^to  tlie 
land,  either  by  generarTa^ToFgranT;.  but  lielcl  an  easement  or 
usufruct  of  the  occupied  territory.  It  was  supposed  that  within 
a  period  often  years  the  Indians  would  be  sufficiently  instructed 
in  Christianity  and  the  arts  of  civilized  life  to  become  citizens ; 
and  that  the  missions  would  become  pueblos,  all  passing  under 
civil  jurisdiction.^ 

The  plan  of  secularization  of  the  missions  was  well  under- 
stood by  the  government  and  the  church  ;  and  there  could  be 
no  doubt  on  any  question  except  that  of  the  time  when  the 
natives  must  be  educated  in  the  forms  of  industry  and  civil 
government,  and  prepared  for  an  independent  life.  The 
priests  were  zealous  in  the  teaching  of  industries,  and  had 
given  to  the  leading  Indians  more  or  less  of  independence; 
but  the  entire  mass  of  the  natives  was  lending  away  from 
independence  and  self-government  toward  a  species  of  slavery. 
They  went  through  the  daily  round  of  toil  under  fear  of  pun- 
ishment, and  allowed  the  missionaries  to  think  and  act  for 
them  in  all  other  matters.  In  fact  they  were  becoming  less 
and  less  prepared  to  maintain  an  independence  in  contact  with 
a  superior  race.^  The  plan  of  secularization  also  involved  the 
grant  of  lands  to  the  Indiaps  in  severalty  ;  but  the  church  had 
no  power  to  make  such  grants. 

In  choosing  the  lands  for  the  establishment  of  the  missions, 
the  padres  had  wisely  chosen  the  most  fertile  and  otherwise 
most  favorably  located  valleys  ;  and  soon  a  line  of  twenty-one 
missions  extended  from  San  Diego  to  Point  Reyes,  occupying 
all  of  the  most  fertile  land  of  the  coast.  For  the  mission 
property  included  the  missions  and  grounds,  the  tillable 
lands,  as  well  as  the  great  pasture  fields  where  the  herds  of 


^  Opinion  of  Judge  Felch,  Dwinelle,  20  :  Moses,  9. 
•'Cf.  Humboldt,  New  Spain,  I,  421. 


132  Spanish  Institutions  of  the  Southwest. 

the  mission  were  kept.^  Thus  the  claims  of  one  mission 
touched  the  claims  of  anotheF;  an3  as  no  civil  town  could  be 
legally  founded  within  five  miles  of  a  mission,^  the  entire 
land  was  exempt  from  settlement  by  Spaniards. 

Having  lived  a  long  time  on  the  lands  which  they  were 
accustomed  to  treat  as  their  own,  having  accumulated  property, 
and  having  governed  with  almost  absolute  sway,  the  friars, 
though  they  owned  not  a  foot  of  soil,  were  never  ready  to  give 
over  the  property  to  secular  authority 'without  a  struggle ;  con- 
sequently they  invariably  fell  back  upon  the  fact  that  the 
J  neophytes  were  not  yet  fit  to  become  citizens.  The  secular 
clergy  and  the  friars  had  been  at  strife  on  this  question  for 
centuries,^  and  many  complaints  had  been  entered  against  the 
friars  by  gentes  de  razon  on  account  of  the  arbitrary  manner 
in  which  they  strove  to  control  the  lands.  Finally,  to  settle 
the  matter,  the  Spanish  Cortes  passed  a  decree  on  the  thir- 
teenth of  September,  1813,  to  the  eifect  that  missions  which 
had  been  founded  ten  years  should  be  given  over  to  the  bishop, 
without  excuse  or  pretext,  in  accordance  with  the  laws.  The 
friars  might  be  appointed  temporary  curates,  and  a  certain 
number  might  be  retained  permanently  where  needed,  but  the 
majority  must  move  on  to  new  fields.* 

By  this,  the  first  law  respecting  secularization  in  California, 
the  missions  were  to  be  transformed  into  pueblos,  the  mission 
lands  to  be  reduced  to  private  ownership,  and  the  neophytes 
governed  by  town  councils  and  by  civil  authorities.^  The 
last  section  of  the  decree  reads  as  follows :  "  The  religious 
missionaries  shall  immediately  cease  from  the  government  and 
the  administration  of  the  property  (haciendas)  of  said  Indians, 
it  being  left  to  the  care  and  election  of  these  (Indians)  to 
appoint  among  themselves,  by  means  of  their  ayuntamientos, 
and  with  the  intervention  of  the  governor,  persons  to  their 


^  Bryant,  History  of  California,  281.  -'^Recopilacion,  IV,  V,  6. 

'Bancroft,  California,  II,  399.  ■'Bancroft,  California,  II,  399. 

^Tuthill,  California,  126. 


The  Mission  System.  133 

satisfaction,  capable  of  administering  it,  distributing  the  lauds 
and  reducing  them  to  private  property,  agreeably  to  the  decree 
of  the  4th  of  January,  1813,  respecting  the  reduction  of 
vacant  and  other  lands  to  private  dominions."  ^  This  decree 
took  effect  in  portions  of  Spanish  America ;  but  was  not  offi- 
cially published  in  California  until  January  20th,  1820,  and 
was  probably  unknown  there  until  its  publication.  At  this 
time  the  Viceroy  of  Mexico  published  a  proclamation,  which 
he  forwarded  to  Prefect  Payeras  and  Guardian  Lopez  with 
instructions  to  comply  with  the  terms  of  the  decree  at  once,  or 
aS  soon  as  demanded  by  the  bishop.  This  led  to  a  controversy, 
and  with  this  the  matter  was  dropped  for  the  time. 

After  the  revolution  in  Mexico,  the  subject  was  again 
agitated ;  and  the  friars  continued  to  resist  all  encroachments 
upon  the  mission  lands,  although  they  were  coveted  by  many. 
While  it  was  admitted  that  the  missions  had  proved  the  gran- 
aries of  the  country,  and  that  the  friars  had  alway^  rendered 
assistance  to  the  presidios  and' tFe  pueblos,  there  was  still  a 
feeling  that  the  mission  system  was  antagonistic  to  the  best 
interests  of  the  country  and  the  government.  But  the  main 
plea  for  secularization  was  that  the  Indians  were  in  a  state 
of  servitude  ;  and,  indeed,  in  the  decrees  of  secularization,  the 
term  "  emancipation  "  was  used  in  reference  to  the  neophytes. 

Again,  in  1833,  the  Mexican  law  declared  that  the  govern- 
ment should  proceed  to  secularize  the  missions  of  Upper  and 
Lower  California  according  to  principles  already  laid  down.^ 
In  each  of  the  missions,  a  parish  was  to  be  established  under 
■  the  charge  of  a  parish  priest  of  the  secular  clergy,  with  a  fixed 
salary  of  twenty  to  twenty-five  dollars  per  annum.^  But  the 
priest  was  forbidden  to  collect  other  fees  with  the  exception  of 
"  fees  of  pomp,"  which  were  to  be  determined  by  "  the  tariff  to 
be  formed  for  this  object."     The  sum  of  five  hundred  dollars 


1  Halleck's  Report,  125;  Hall's  History  of  San  Jose,  430;  Dwinelle,  39. 
"  Halleck's  Report,  148  ;  EockweU,  Spanish  and  Mexican  Law,  455. 
^  Mexican  Law  of  1833,  art.  2 ;  EockweU,  455. 


134  Spanish  Institutions  of  the  Southwest. 

was  set  apart  for  the  support  of  religious  worsliip  and  for 
servants  in  each  mission.  It  was  further  enacted  that  the 
mission  churches,  with  the  furniture,  should  be  handed  over 
to  supply  the  newly  formed  parishes.  All  of  the  remaining 
buildings  were  severally  appropriated  for  the  curate's  house, 
court-house,  preparatory  schools,  and  public  establishments. 
Ample  provision  was  made  to  carry  out  these  laws  by  a  corps 
of  officers  of  which  the  vicar-general  was  chief.  Apparently 
apprehending  the  difficulties  that  might  ensue  from  such  a 
radical  change,  the  government  provided  that  the  sea  passages 
of  the  new  curates  and  their  families  should  be  paid  out  of 
the  general  funds,  and  that  in  addition  from  four  to  eight  hun- 
dred dollars  should  be  given  each  curate  for  the  expenses  of  his 
overland  journey.  Also  the  out-going  missionaries  should  each 
receive  from  two  to  three  hundred  dollars  to  pay  expenses  back 
to  their  convents.  The  most  remarkable  law  of  the  entire  de- 
cree was  the  provision  that  "the  expenses  comprehended  in 
this  law  "  should  be  paid  out  of  the  "  pious  fund  of  the  mis- 
sions of  California." 

To  enforce  these  regulations,  Jose  Figueron  issued,  in  the 
following  year,  provisional  regulations  for  the  distribution  of 
property  and  lands,  and  for  the  political  government  of  the 
pueblos.  After  declaring  that  the  missionary  priests  should 
be  relieved  from  farther  administration  of  the  temporalities, 
and  should  henceforth  confine  their  ministry  to  spiritual 
administration,  the  regulations  proceed  to  give  minute  direc- 
tions for  the  secularization  of  the  missions.  Article  fifth 
states  explicitly  that,  "  To  every  individual  head  of  a  family/ 
and  to  all  those  above  twenty-one  years  of  age,  although  they 
have  no  family,  a  lot  of  land,  whether  irrigable  or  otherwise, 
if  not  exceeding  400  varas  square,  nor  less  than  one  hundred, 
shall  be  given  out  of  the  common  lands  of  the  missions ;  and 
in  community  a  sufficient  quantity  of  land  shall  be  allotted 
them  for  (pasturing  and)  w^atering  their  cattle.  Common 
lands  shall  be  assigned  to  each  pueblo,  and,  when  convenient, 


The  Mission  System.  135 

municipal  lands  also."  ^     It  was  further  provided  that  one- 
half  of  all  the  movable  property  should  be  distributed  among 
the  Indian  citizens,  and  the  remainder  should  revert  to  the 
government  and  remain  under  the  care  of  the  mayor-domos, 
or  other  appointed  officers,  and  be  held  subject  to  the  disposal 
of  the  supreme  federal  government.^     The  Indians  receiving 
property  under  these  provisions  were  not  allowed  to  "sell, 
burden,  or  otherwise  alienate,  under  any  pretext,  the  lands 
which  may  be  given  them ;  neither  may  they  sell  their  cat- 
tle." ^    Should  contracts  of  sale  be  made,  they  were  to  be  void ; 
and  the  government  was  to  reclaim  the  land  thus  disposed  of. 
By  the  regulations  it  was  ordered  that  ayuntamientos  or 
town  councils  should  be  established,  and  elections  be  provided 
for.    To  the  councils  was  given  the  regulation  of  the  economic 
affairs  of  the  pueblo ;  but  the  administration  of  justice  was 
delegated  to  the  primary  judges  of  the  nearest  towns,  consti- 
tutionally established.      The  "emancipated  Indians"   were 
required  to  assist  in  the  cultivation  of  the  vineyards  and 
orchards,    until   a   resolution   of   the    supreme    government 
decided  otherwise.     In  order  to  carry  out  these  regulations, 
a  board  of  commissioners  were  to  be  appointed  by  the  gov- 
ernor; and  a  long  list  of  orders  is  given  defining  explicitly 
each  step  in  the  procedure  of  secularization.     One  clause  in 
these  instructions  is  of  interest  as  showing  to  what  extent  the 
ideas  of  political  life  had  been  developed  in  the  neophytes. 
It  asserts  that  "  Before  making  an  inventory  of  the  outside 
property,  the  commissioners  will  endeavor  to  explain  to  the 
Indians,  with  suavity  and   patience,  that  the  missions  are 
going  to  be  converted  into  pueblos;    that   they  will   only 
remain  subordinate  to  the  priest  in  matters  in  relation  to  the 
spiritual  administration ;  that  the  lands  and  property  will  be 
divided  out  among  them  so  that  each  one  may  work,  maintain 
and  govern  himself,  without  dependence  on  any  one ;  that  the 


'  Eockwell,  457.  '^  Provisional  Regulations,  Articles  6,  7,  8. 

» Article  18. 


136  Spanish  Institutions  of  the  Southivest. 

house  in  which  they  live  will  become  their  own  property ; 
and  that,  in  order  to  do  this,  they  must  submit  to  what  is 
commanded  in  these  regulations  and  orders,  which  must  be 
explained  to  them  in  the  best  possible  manner."  ^ 

It  was  further  provided  that  "  rancherias  situated  at  a 
distance  from  the  missions,  and  containing  more  than  twenty- 
five  families,  may,  if  they  choose,  form  a  separate  pueblo;  and 
the  distribution  of  lands  and  property  shall  then  take  place 
in  the  manner  pointed  out  for  the  rest."  ^  The  rancherias  not 
containing  twenty-five  families  formed  wards  or  districts,  and 
were  attached  to  the  nearest  pueblo.  In  addition  to  the  above 
regulations,  minute  specifications  were  given  for  the  trans- 
ference of  the  mission  property,  for  the  abolition  of  the 
nunnery,  and  for  officers'  salaries  and  debts. 

Following  closely  on  these  provisional  regulations  of  Gov- 
ernor Figueron,  the  regulations  of  the  California  Deputation, 
held  in  Monterey  in  November,  1834,  defined  and  enforced 
certain  parts  of  the  regulations.  They  fixed  salaries,  classi- 
fied curacies,  provided  for  the  location  of  court-houses,  school- 
houses,  public  establishments,  and  workshops,  and  ordered 
that  the  missionaries  should  occupy  the  curacies  until  the 
government  could  provide  parish  priests.  The  regulations 
thus  far  had  accomplished  but  little  more  than  to  throw  the 
inhabitants  of  the  missions  into  a  state  of  consternation. 
However  legal  the  regulations  might  be,  to  the  missionaries 
the  process  was  one  of  expulsion  and  confiscation  of  property 
long  under  their  control.  The  neophytes,  though  excited  by 
the  prospect  of  "  emancipation,"  were  in  sympathy  with  the 
missionaries,  and  were  greatly  influenced  in  their  conduct  by 
them.  A  reckless  destruction  of  property  began ;  cattle  were 
slaughtered  by  the  thousand,  and  other  property  quickly 
destroyed.  To  arrest  the  downward  tendency  of  affairs,  the 
Mexican  Congress  decreed  in  November,  1835,  that  until  the 
curates  mentioned  in  article  second  of  the  law  of  August,  1833, 

» EockweU,  459.  ^  General  Orders,  Sec.  9. 


The  Mission  System.  137 

should  take  possession  of  their  curacies,  the  government  would 
suspend  tlie  execution  of  the  other  articles  of  the  law,  and  the 
missions  would  remain  in  the  state  they  were  before  said  law 
was  enacted.'  But  the  affairs  of  the  missions  continued  to 
grow  more  deplorable.  Officers  failed  to  comply  with  the 
law,  property  was  wasted,  lands  within  the  villages  were  seized 
and  held,  and  moveable  projjerty  sold.  To  remedy  existing 
evils,  Governor  Alvarado,  in  January,  1839,  issued  a  long  list 
of  regulations  and  instructions,  directed  chiefly  to  the  admin- 
istrators of  the  mission  property.  He  instructed  them  to 
present  their  accounts  as  soon  as  possible  to  the  government; 
to  refrain  from  contracting  debts  and  making  sales  to  foreign 
merchants ;  to  keep  an  account  of  all  property  handled ;  and 
to  prevent  the  slaughter  of  animals.  Many  other  instructions 
were  given  pertaining  to  official  duties  and  police  regulations. 
To  enforce  these  regulations,  \\\  E.  Hartwell  was  appointed  as 
a  special  commissioner  of  inspection  to  visit  all  of  the  missions, 
enquire  carefully  into  their  actual  condition,  and  to  report  the 
result  of  his  investigations  to  the  government. 

But  the  abuses  continued,  and  the  reverses  and  losses  con- 
stantly increased.  The  regulations  of  Governor  Alvarado 
had  but  little  effect  in  rooting  out  the  evils  of  the  mission 
management.  On  this  account,  the  Governor,  in  March,  1840, 
proclaimed  a  new  set  of  regulations  which  pertained  especially 
to  the  duties  of  agents,  inspectors,  and  mayor-domos  of  the 
missions.  The  office  of  administrator  was  abolished,  and 
mayor-domos  were  appointed  in  their  stead.  They  were 
authorized  to  "care  for  everything  relative  to  the  advance- 
ment of  the  property  under  their  charge,  acting  in  concert 
with  the  reverend  padres."  They  were  empowered  to  super- 
intend the  moral  and  religious  affairs  of  the  neophytes,  to 
provide  food  and  clothing  for  those  in  need,  and  in  return  to 
compel  the  neophytes  to  assist  in  the  labors  of  the  com- 
munity.    The  inspectors  had  various  duties  and  obligations. 

^  Kockwell,  462. 


138  Spanish  Institutions  of  the  Southwest. 

They  must  make  contracts  with  foreign  vessels  and  private 
l^ersons,  and  attend  to  the  public  finance  in  relation  to  the 
missions,  disbursing  funds  and  paying  debts.  The  document 
closed  with  a  few  general  regulations  pertaining  to  the  admin- 
istration of  affairs. 

Although  not  wanting  in  laws  and  instructions,  the  whole 
process  of  secularization  had  been  thus  far  a  complete  failure. 
Many  of  the  neophytes,  becoming  unsettled,  were  dispersed 
from  the  missions.  Property  continued  to  be  wasted,  and 
general  disorganization  prevailed.  Settlers  were  encroaching 
upon  the  land  claimed  by  the  missions,  and  speculators  and 
greedy  officials  were  rapidly  squandering  the  accumulated 
wealth  of  the  padres.  A  few  attempts  at  secularization  had 
been  made;  but  no  stable,  well  organized  pueblos  had  yet 
been  formed.  In  the  midst  of  this  general  confusion,  waste, 
and  injustice.  General  Micheltorena,  to  save  the  missions 
from  total  ruin,  issued  a  proclamation  dated  March  29,  1843, 
which  provided  that  the  majority  of  the  missions  should  again 
be  placed  in  charge  of  the  padres.^  They  were  to  manage 
them  as  formerly ;  to  clothe,  instruct,  and  supervise  the  neo- 
phytes, and  to  have  charge  of  the  mission  property  as  prior 
to  the  law  of  1833.  They  were  instructed  to  collect  the 
scattered  natives,  except  those  who  had  already  been  "  legally 
emancipated  by  the  superior  departmental  government,"  and 
those  in  the  service  of  private  persons.  However,  Indians  of 
either  of  the  above  classes  might  return  to  the  missions  if  they 
wished,  and  be  entitled  to  protection ;  provided  that,  in  respect 
to  the  latter  class,  the  masters  were  willing,  and  that  the  padres 
were  acquainted  with  the  fact  of  their  return.  The  grants 
of  lands  already  made  to  Indians  and  others  should  not  be 
revoked  ;  but  property  loaned  must  be  collected  at  once.  The 
proclamation  guarantees  the  protection  of  the  missions  and  the 


^  This  proviso  included  San  Diego,  San  Louis  Key,  San  Juan  Capistrano, 
San  Gabriel,  San  Fernando,  San  Buenaventura,  Santa  Barbara,  Santa  Cruz, 
San  Antonio,  Santa  Clara,  La  Purissima  and  San  Josd. 


The  Mission  System.  139 

prosperity  of  the  Holy  Catholic  faith  ;  but  gently  asserts  that 
one-eighth  of  all  of  the  products  of  the  missions  shall  be  paid 
into  the  public  treasury  for  the  support  of  the  army. 

It  seems  that  the  neophytes  had  abandoned  the  missions  of 
San  Eafael,  Dolores,  Solidad,  San  Miguel,  and  La  Purissima, 
and  had  fled  to  the  rancherias  of  the  surrounding  country. 
Consequently  a  decree  of  the  Department  Assembly,  of  May 
28,  1845,  declared  that  if  they  did  not  return  within  one 
montli  and  a  day,  the  government  could  dispose  of  the 
mission  property,  "  as  may  best  suit  the  general  good  of  the 
department."  The  decree  also  provided  that  "  the  Carmelos, 
San  Juan  Bautista,  San  Juan  Capistrano  and  San  Francisco 
Solano  shall  be  considered  as  pueblos,  which  is  the  character 
they  at  present  have." 

After  preserving  sufficient  land  for  the  public  buildings  of 
the  pueblos,  the  remainder  was  to  be  sold  at  public  auction  in 
order  to  pay  the  respective  debts  of  the  establishment ;  should 
there  be  any  surplus  it  was  to  be  devoted  to  the  support  of 
religion.  With  the  exception  of  the  principal  edifice  at  Santa 
Barbara,  the  remaining  missions  might  be  rented  out  at  the 
option  of  the  government,  and  the  proceeds  devoted  equally 
to  the  service  of  the  church,  the  Indians,  and  the  government. 
The  salary  of  the  padre  minister,  the  expenses  of  worship, 
the  clothing  and  food  of  the  natives,  public  education,  and 
public  benefices  in  general,  were  to  be  paid  out  of  the  surplus 
rents  after  the  payment  of  all  out-standing  obligations.  As 
to  the  neophytes,  the  decree  asserted  that  they  should  "  remain 
in  absolute  liberty  to  occupy  themselves  as  they  may  see  fit, 
either  in  the  employment  of  the  renter  himself  or  in  the  culti- 
vation of  their  own  lands  which  the  government  must  neces- 
sarily designate  for  them."^ 

In  accordance  with  the  above  decree.  Governor  Pio  Pico 
issued  a  proclamation  October  28,  1845,  for  the  rental  and  sale 
of  the  missions.     It  declared  that  the  missions,  San  Rafael, 


Decree  of  the  Departmental  Assembly,  Sec.  3. 


140  Spanish  Institutions  of  the  Southwest. 

Dolores,  Soledad,  San  Miguel,  and  La  Purissima,  having 
been  abandoned  by  the  neophytes,  should  be  sold  to  the  highest 
bidder.  Also  all  of  the  surplus  property  of  the  pueblos,  San 
Louis  Obispo,  Carmelo,  San  Juan  Bautista,  and  San  Juan 
Capistrano,  which  formally  belonged  to  the  missions  must  be 
sold  in  the  same  way.  It  was  further  provided  that  the 
surplus  property  of  missions  other  than  those  enumerated 
above  should  be  sold  at  auction.  The  missions,  San  Fernando, 
San  Buenaventura,  Santa  Barbara,  and  Santa  Inez,  were  to 
be  rented  to  the  highest  bidder,  for  the  term  of  nine  years. 
Specific  regulations  were  made  as  to  the  method  of  renting, 
and  the  rights  and  obligations  of  the  renters. 

Again,  the  Indians  are  declared  "free  from  the  neophytism," 
and  at  liberty  to  establish  themselves  wherever  they  choose. 
The  small  portions  of  land  already  occupied  by  them  were 
exempted  from  sale  or  rent ;  but  those  natives  who  occupied 
homes  and  gardens,  had  to  apply  to  the  government  for  a 
title  for  the  same.  It  was  understood  that  this  title  would 
not  permit  the  Indians  to  alienate  their  lands,  but  asserted 
that  they  should  be  hereditary  among  their  relatives  accord- 
ing to  law.  It  was  further  ordered  that  the  Indians  remain- 
ing in  the  missions  should  appoint  from  their  number  each 
year,  four  overseers  to  maintain  public  order,  subject  to  the 
authority  of  the  justice  of  the  peace.  The  chief  duty  of 
the  overseers  was  to  appoint,  every  month,  from  the  num- 
ber of  Indians  "a  sacristan,  a  cook,  a  tortilla  maker,  a 
vaquero,  and  two  washer-women,  for  the  service  of  the  padre 
minister,"  and  it  mildly  proclaimed  that  "no  one  shall  be 
hindered  from  remaining  in  this  service  as  long  as  he  choose." 
Thus  after  all  of  the  decrees  and  proclamations  of  Cortes, 
Congress,  deputation,  assembly,  and  governor,  relative  to  the 
secularization  of  the  missions  and  the  civil  rights  of  the 
Indians,  the  whole  affair  was  to  end  in  the  sale  or  rent  of  the 
missions ;  and  the  mere  shadow  of  a  government  was  to  be 
granted  to  the  helpless  wretches  who  had  made  their  homes 
within  the  missions.     One  more  decree  of  the  Departmental 


■t  jBi.ll 


The  Mission  System,  141 

Assembly,  passed  on  the  3rd  of  April,  1846,  ordered  the  sale 
of  the  missions  to  prevent  their  total  ruin.  This  had  the 
effect  usually  produced  by  prior  decrees,  namely  of  compli- 
cating matters,  and  hastening  the  downfall  of  the  missions. 
As  some  of  the  missions  were  now  owing  large  sums,  article 
second  of  the  decree  provided  that,  "  attention  should  be  had 
to  what  the  laws  determine  respecting  bankruptcies,  and  steps 
should  be  taken  accordingly."  It  was  a  simple  matter  to 
make  decrees,  but  the  lack  of  timely  and  faithful  execution 
rendered  them  useless. 

The  Departmental  Assembly  adjourned  in  1846,  for  the 
want  of  a  quorum  ;  and  Governor  Pico  fled  the  country. 
Soon  afterwards,  Jos6  Maria  Flores,  a  captain  of  cavalry  in 
the  Mexican  army,  who  assumed  the  governorship  ad  interim, 
organized  a  kind  of  provisional  legislature  which  sought  to 
save  the  missions  from  complete  ruin.  This  Assembly  passed 
a  decree  annulling  the  laws  of  Governor  Pico,  which  provided 
for  the  sale  of  the  missions.  The  Assembly  authorized  Flores 
to  mortgage  the  missions  in  order  to  raise  funds  to  carry  on 
the  war  against  the  United  States.  But  as  these  regulations 
were  passed  several  months  after  the  United  States  had  taken 
possession  of  the  territory,  they  were  illegal,  even  could  it  have 
been  established  that  the  assembly  was  regularly  constituted. 

Thus  ended  the  attempts  of  the  Mexican  government  to 
secularize  the  missions.  For  thirteen  years  it  continued  to 
legislate,  while  the  missions  rapidly  declined.  When  the 
American  flag  was  raised  at  Monterey  on  the  7th  of  July, 
1846,  some  of  the  property  had  been  sold,  some  rented,  and 
much  squandered.  A  small  number  of  the  natives  were  still 
living  at  the  missions  ;  but  the  majority  had  returned  to  their 
rancherias  in  the  mountains  and  districts  remote  from  the 
settlements.  Many  of  the  lands  were  already  in  dispute  as  to 
ownership,  and  many  preferred  claims  upon  mission  property. 

At  this  juncture,  General  Kearney  issued  a  decree  on  March 
22,  1847,  which  declared  that  the  missions  and  their  property 
should  remain  under  the  charge  of  the  Catholic  priests  as  they 


142  Spanish  Institutions  of  the  Southwest. 

were  when  the  American  flag  was  raised,  and  that  the  priests 
should  hold  them  and  preserve  the  property  until  the  titles  to 
the  lands  could  be  decided  by  proper  legal  authority.  The 
priests  would  be  held  responsible  for  the  protection  and  pre- 
servation of  property,  and  might  invoke  the  aid  of  the  alcalde 
to  remove  all  parties  intruding  or  trespassing  on  the  mission 
lands.  But  the  proclamation  came  too  late  for  the  protection 
of  the  Indians;  complete  ruin  had  been  wrought  to  the  mission 
system  long  before.  The  neophytes,  collected  during  a  long 
period  of  years,  were  soon  scattered  abroad  to  roam  through 
the  valleys  and  in  the  mountains  in  the  search  for  food.  For 
this  pursuit,  they  were  in  a  worse  condition  than  they  were 
prior  to  their  entrance  to  the  missions;  for  they  had  been 
deprived  of  the  native  vigor  which  their  wild  life  brought, 
and  had  received  nothing  of  permanent  value  from  the  new 
civilization.  According  to  De  Mofras,^  there  were  connected 
with  the  missions  in  1834,  30,650  Indians.  In  1842,  not 
more  than  4,450  remained.  The  property  of  the  missions  had 
declined  far  more  rapidly.  Of  the  424,000  horned  cattle 
belonging  to  the  missions  in  1834,  there  remained  only 
28,220  twelve  years  later.  These  twenty-one  missions,  ex- 
tending in  an  irregular  line  for  over  six  hundred  miles  along 
the  coast,  linking  together  the  most  fertile  valleys  of  Cali- 
fornia, produced  in  1834,  70,000  bushels  of  wheat,  and 
30,000  bushels  of  smaller  grains.  One  hundred  thousand 
cattle  were  slaughtered  every  year,  yielding  a  product  of  ten 
dollars  per  head.  The  total  annual  productions  of  the  mis- 
sions was  valued  at  §2,000,000  ;  and  aside  from  the  valuable 
property  in  buildings,  orchards,  and  vineyards,  the  movable 
stock  was  valued  at  $3,000,000.^  In  addition,  the  annual 
income  of  the  so-called  pious  fund  amounted  to  $50,000. 

Aside  from  the  general  plan  of  secularization  instituted  by 
the  Cortes  of  Spain  and  carried  out  by  the  Mexican  authori- 


*  De  Mofras,  Exploration  de  I'  Oregon,  des  Calafornies,  etc.,  I,  321. 
2  De  Mofras,  1,  321  et  seq. 


The  Mission  System.  143 

ties,  there  were  several  minor  reasons  for  the  immediate  change 
from  religious  to  secular  administration.  The  government  was 
in  need  of  funds,  and  many  officials  thought  the  mission  prop- 
erty would  do  good  service  in  supplying  the  deficiency.  Others 
opposed  the  mission  system  as  detrimental  to  the  best  interests 
of  the  country,  and  therefore  desired  a  change.  The  system  j 
was  well  enough  for  the  subjugation  of  a  country  ;"but  it  had" 
now" become  a  hindrance,  and  therefore  needed  to  be  abolished.  | 
In  addition  to  this,  the  avarice  of  individuals  who  saw  an 
opportunity  to  increase  their  own  wealth  and  advance  their 
own  interests,  continually  urged  the  subject  before  the  gov- 
ernment. The  immense  claims  of  the  missions  to  property 
extending  far  beyond  their  legitimate  boundaries,  led  to  con- 
stant strife  with,  those  desiring  to  settle  on  the  land.  In  this 
the  padres  were  frequently  inconsistent,  and  lost  much  prestige 
thereby.  However,  it  is  evident  that  the  government  had  lost 
its  zeal  for  the  conversion  and  civilization  of  the  natives,  and 
the  only  question  remaining  was  as  to  the  proper  disposal  of 
the  property. 

In  speaking  of  secularization,  Mr.  Dwindle  says  :  "  These 
laws,  whose  ostensible  purpose  was  to  convert  the  missionary 
establishments  into  Indian  pueblos,  their  churches  into  parish 
churches,  and  elevate  the  Christianized  Indians  to  the  rank 
of  citizens,  were  after  all  executed  in  such  a  manner  that  the 
so-called  secularization  of  the  missions  resulted  in  their  plun- 
der and  complete  ruin,  and  in  the  demoralization  and  disper- 
sion of  the  Christianized  Indians."  ^  He  considers  that  there 
was  a  perfect  understanding  between  the  government  of 
Mexico  and  the  leading  men  in  California,  that  the  gov- 
ernment should  absorb  the  "  Pious  Fund  "  as  a  quasi-escheat, 
while  the  co-actors  in  California  should  appropriate  the  local 
wealth  of  the  missions  by  the  rapid  and  sure  process  of  admin- 
istering the  temporalities."  Whether  so  planned  or  not,  the 
ruin  of  the  missions  and  of  their  civilization  built  up  through 

1  Dwinelle,  Colonial  History  of  San  Francisco,  54.  ^  jj  jy_ 


144  Spanish  Institutions  of  the  Southwest. 

a  period  of  more  than  sixty  years,  was  wrought  in  an  incredibly 
short  time. 

The  "  Pious  Fund  "  mentioned  above,  was  created  by  gifts 
and  donations  of  wealthy  persons  to  the  religious  orders  for 
the  purpose  of  carrying  on  missionary  work  among  the  natives. 
After  the  failure  of  the  Spanish  Government  to  conquer  and 
settle  California,  the  work  was  undertaken  by  the  Jesuits  in 
1697 ;  consequently  Fathers  Salvatierra  and  Kino  were 
empowered  to  make  the  temporal  and  spiritual  conquest  of 
the  country.^  One  of  the  conditions  of  this  contract  was  that 
the  missionaries  should  not  "  waste  anything  belonging  to  the 
crown,  or  draw  on  the  treasury  without  an  express  order  from 
the  kino-.-  The  two  zealous  friars  had  already  commenced  to 
collect  a  fund  to  advance  missionary  Avork.  This  fund  was 
constantly  increased,  and  placed  in  the  hands  of  the  mission- 
aries, in  trust,  to  forward  the  specific  ends  of  the  extension  of 
relio-ious  conquest.  Donations  to  the  amount  of  nineteen 
thousand  dollars  were  soon  made,  and  the  treasurer  of  Aca- 
pulco  granted  the  use  of  a  galleon  to  transport  the  mission- 
aries to  their  place  of  work.^  It  was  then  determined  to  create 
bv  subscription  a  permanent  fund  for  a  perpetual  endowment 
of  the  missionary  work  in  California.  Ten  thousand  dollars 
was  considered  a  sufficient  sum  for  each  mission,  as  it  would 
yield  an  income  of  five  hundred  dollars  per  annum.  It  now 
became  quite  fashionable  for  wealthy  Catholics  to  endow  a 
mission.  Not  less  than  thirteen  missions  were  thus  endowed 
in  lower  California.  From  this  time  the  fund  accumulated 
until  it  reached  the  sum  of  about  two'  million  dollars.  The 
pious  fund  was  managed  by  Jesuits  until  their  expulsion 
from  Mexico  in  1768.  By  order  of  the  Viceroy,  the  missions 
were  then  placed  in  the  hands  of  the  Franciscans.     Subse- 


1  Cf.  Chapter  V.  ^  Venegas,  Part  III,  Section  1. 

2 The  "Pious  Fund"  of  California,  John  T.  Doyle,  Overland  Monthly, 
Sept.,  1890.  Also  see  a  full  discussion  of  the  subject  by  the  same  author  in 
Cal.  Hist.  Assoc.  Pub.,  Vol.  1. 


The  3Iission  System.  145 

quently,  by  a  royal  cedula  dated  April,  1770,  the  missions 
were  divided  equally  between  the  Franciscans  and  the  Domi- 
nicans ;  and  by  an  agreement  between  the  two  societies,  two 
years  thereafter,  the  missions  of  Lower  California  were  to 
be  managed  by  the  Dominicans,  and  those  of  Upper  Cali- 
fornia by  the  Franciscans.  Consequently  the  income  of 
the  Pious  Fund  was  divided  equally  between  the  two  orders. 
After  the  expulsion  of  the  Jesuits,  the  crown  seized  all  of 
their  temporalities,  and  therefore  became  the  administrator  of 
the  Pious  Fund,  holding  it  in  trust  for  the  missions.  Officers 
were  appointed  to  control  it.  After  the  revolution,  the  govern- 
ment of  Mexico  succeeded  the  crown  of  Spain  in  the  adminis- 
tration of  the  trust.  In  1836,  a  law  of  the  Mexican  Congress 
granted,  for  the  support  of  the  proposed  Bishopric  in  Cali- 
fornia, an  endowment  of  six  thousand  dollars  per  annum ;  and 
"  conceded  to  the  incumbent,  when  selected,  and  to  his  succes- 
sors, the  administration  and  disposal  of  the  Pious  Fund."  ^ 
In  February,  1842,  Santa  Ana,  then  President  of  the  Republic, 
abrogated  that  part  of  the  Mexican  law  relative  to  the  disposal 
of  the  Pious  Fund,  and  it  again  reverted  in  trust  to  the  Mexi- 
can government.  In  the  following  October,  the  greater  part 
of  the  property  was  sold  for  the  sum  of  about  $2,000,000. 
The  reason  for  sale  as  given,  was  that  there  had  been  waste  and 
mismanagement  by  public  officials.  The  proceeds  of  the  sale 
were  paid  into  the  public  treasury,  and  were  finally  absorbed 
by  the  government.  Through  the  management  of  John  T. 
Doyle,  Esq.,  interest  to  the  amount  of  over  nine  hundred 
thousand  dollars  was  reclaimed,  in  1870,  by  the  award  of  the 
mixed  American  and  Mexican  Congress  which  met  at  Wash- 
ington. Doubtless  the  existence  of  the  Pious  Fund  had  some- 
thing to  do  with  the  reckless  legislation  relative  to  the  missions. 
After  the  United  States  government  obtained  the  territory 
of  California,  it  was  decided  by  Congress  that  there  were  two 
classes  of  mission  property  :  one  consisting  of  the  mission 

1  Doyle,  Overland,  XVI,  93,  238. 

10 


146  Spanish  Institutions  of  the  Southwest. 

itself  and  its  immediate  surroundings ;  the  other  comprising 
the  large  farms  Math  pasture  fields  attached,  and  situated 
either  near  by  the  mission  buildings  or  at  a  remote  distance 
from  them.  Therefore  it  was  legally  declared  that  the 
missions,  with  a  suitable  amount  of  ground  and  all  movable 
property  connected  therewith,  should  be  considered  as  belong- 
ing to  the  church ;  and  all  other  property  should  revert  to  the 
,  government.  The  titles  of  the  Indians  had  never  been  form- 
"^  ally  recognized,  and  consequently  they  were  not  tenable. 
There  were  many  general  decrees  concerning  the  location  of 
the  Indians,  and  they  were  placed  upon  land  which  they  were 
permitted  to  call  their  own.  As  colonists  and  settlers  came 
in,  these  lands  were  taken  up  under  the  law,  regardless  of  their 
occupants  who  could  show  no  legal  title.  That  much  injustice 
was  done  and  great  wrongs  committed  no  one  can  deny ;  but 
the  case  shows  little  variation  from  the  continuous  treatment 
of  the  Indians  for  three  hundred  years  by  colonies  and  gov- 
ernments. Once  removed  from  the  protection  of  the  friars, 
the  semi-civilization  of  the  natives  collapsed  before  foreign 
ao-wression  and  immigration.  The  common  theory  that  the 
neophytes  should  settle  in  self-organized  and  self-governed 
communities,  and  occupy  lands  to  which  they  held  a  clear  and 
indisputable  title,  in  severalty,  was  never  realized  in  practice. 
The  process  of  secularization,  and  the  subsequent  American 
invasion,  destroyed  the  semi-civil  communities ;  and  with  few 
exceptions  left  the  natives  with  no  title  to  the  land. 

The  result  of  an  attempt  to  organize  an  Indian  pueblo  under 
that  portion  of  the  secularization  act  of  1834,  relating  to  the 
formation  of  pueblos  and  rancherias  at  a  distance  from  the 
mission,^  is  well  illustrated  by  the  history  of  the  San  Pasqual 
village.  This  village  was  formed  by  about  one  hundred 
neophytes  attached  to  the  San  Louis  Rey  mission.  The 
■  Indians  were  granted  the  lands,  and  although  they  could 
not  show  a  modern  title,  had  a  clear  and  just  right  to  them. 

^  Section  9,  General  Orders. 


The  Mission  System.  147 

They  tilled  the  soil  to  a  certain  extent,  and  possessed  large 
herds  of  horses,  sheep,  and  cattle.  They  lived  a  quiet,  peace- 
ful life,  not  even  disturbed  by  advancing  civilization.  The 
Avhole  valley  was  finally  reserved  by  executive  authority  for 
their  temporary  residence;  but  the  order  was  revoked  and  the 
valley  thrown  open  to  settlement.  Then  the  process  of  dis- 
placing the  Indians  began ;  and  in  a  short  time  there  were  no 
Indians  in  the  village,  but  in  their  place  a  small  white  settle- 
ment. The  neophytes  had  scattered  to  the  foot  hills,  where 
they  maintained  a  life  similar  to  that  of  their  fathers  prior  to 
the  Spanish  invasion.  Sometimes  they  worked  for  wages  on 
the  neighboring  ranches,  and  sometimes  the  priest  made  them 
a  visit,  collecting  them  for  worship  ;  but  the  brush  shed  that 
sheltered  them,  their  mode  of  life,  and  their  meagre  subsistence 
and  clothing,  disclosed  anything  but  a  state  of  civilization. 

Many  criticisms  have  been  offered  from  time  to  time  on  the 
methods  adopted  by  the  priest  colonists  in  their  management 
of  the  Indians.  It  may  be  well  said  that  there  are  many 
objections  to  the  methods  adopted ;  but  that  everything  was 
done  in  good  faith  by  those  hardy  pioneers.  The  Indian 
problem  has  always  been  and  is  yet  a  difficult  one.  But 
comparing  the  methods  used  by  the  Jesuits  and  the  Francis- 
can friars,  and  those  adopted  by  other  missionaries  in  different 
parts  of  the  world,  it  is  doubtful  whether  a  more  successful 
plan  has  obtained  anywhere  than  that  of  the  California  mis- 
sionaries. The  preparation  for  citizenship  was  indeed  slow ; 
and  the  means  employed  did  not  always  tend  toward  inde- 
pendent citizenship.  But  the  same  difficulty  is  experienced 
everywhere  in  the  attempt  to  civilize  barbarous  tribes.  Our 
own  civilization  rests  upon  thousands  of  years  of  progress  and 
selPevorution ;  and  an  attempt  to  force  it  suddenly  upon  a 
race  not  yet  entered  upon  the  pastoral  stage  of  development 
must  end  in  a  failure.  In  dealing  with  uncivilized  tribes, 
civilized  nations  have  not  given  sufficient  attention  to  their 
relative  stage  of  progress,  and  consequently,  have  attempted 
to  force  the  process  of  domestication  too  rapidly.     The  result 


148  Spanish  Institutions  of  the  Southwest. 

has  been  that  an  artificial  system  has  been  superimposed  on  a 
barbaric  nation,  which  seeks  at  every  opportunity  to  throw 
off  the  burden. 

The  slow  development  of  a  race  on  a  natural  basis,  through 
the  pastoral  and  agricultural  and  the  industrial  stages,  is  the 
only  process  of  civilization  that  will  lead  to  permanent  results. 
The  native  should  be  taught  to  practice  the  industrial  arts, 
and  should  be  inspired  with  a  desire  to  become  self-sustaining 
in  competition  with  civilized  races,  before  there  is  any  hope  of 
real  culture.  In  this  respect,  we  find  the  padres  teaching  the 
natives  the  care  of  fliocks,  the  process  of  agriculture,  and  the 
common  industrial  arts.  All  the  while  they  allowed  them 
to  live  in  semi-civilized  condition,  and  treated  them  as  chil- 
dren. It  was  a  slow  process ;  and  could  they  have  had  time 
enough — a  few  more  generations  at  least — possibly  the  results 
would  have  been  satisfactory.  But  the  movement  of  modern 
institutions  is  too  swift ;  modern  progress  cannot  wait  for  the 
slow  evolution  of  Utopias.  Steam  and  electricity  are  great 
disturbers  as  well  as  great  civilizers,  and  they  frequently 
destroy  instead  of  building. 

We  find  that  our  national  Indian  schools,  Haskell  Institute 
and  Carlisle,  are  adopting  the  same  means  of  education  as 
those  practiced  by  these  early  pioneers  on  the  Pacific  slope. 
Industrial  education  is  made  the  foundation,  and  intellectual 
culture  and  citizenship  the  superstructure,  of  civilization.  But 
the  difficulty  of  the  transition  from  school  life  to  that  of 
practical  citizenship  obtains  now  as  well  as  then.  The 
government  now  falls  short  of  its  duty,  if  it  does  not  follow 
the  Indian  boys  and  girls  into  the  actual  business  world,  and 
see  to  it  that  they  are  able  to  make  the  connection  of  indi- 
vidual culture  with  social  life.  It  should  place  them  in  a 
life  work,  make  them  self-sustaining,  and  protect  them  in  this 
new  life  so  that  all  opportunity  and  all  desire  to  return  to  the 
blanket  and  the  gun  may  be  cut  off. 

The  friars  certainly  had  poor  material  on  which  to  work. 
It  was  true  that  the  natives  were  docile  and  easy  to  subdue ; 


The  Mission  System.  149 

but  they  were  also  dull  and  of  an  inferior  race.  It  was 
necessary  to  keep  them  subordinate  to  the  severest  discipline 
in  order  to  accomplish  anything.  La  Perouse,  the  most  just 
of  all  of  the  visitors  to  the  Pacific  coast,  thought  that  "  The 
neophyte  was  too  much  a  child,  too  much  a  slave,  too  little  a 
man."  ^  He  censures  the  padres  for  neglecting  their  temporal 
welfare  and  their  instruction  in  the  common  individual  arts 
for  the  "  heavenly  interests "  of  the  natives.^  This  is  the 
worst  feature  of  the  whole  system,  that  their  zeal  for  the 
prayers  and  rites  of  the  church  far  outran  their  interest  in 
the  temporal  welfare  of  the  natives.  It  has  been  fully 
demonstrated  by  experience  that  the  surest  development  of 
Christianity  rests  upon  economic  adv^ancemeut ;  and  that 
Christian  teaching,  which  is  not  backed  by  permanent  social 
and  industrial  improvements,  will  prove  evanescent. 

The  neophytes  were  quite  readily  controlled  through  the 
religion  taught  them ;  for  they  believed  that  the  missionaries 
had.  a  direct  communion  with  God,  and  that  they  daily 
prevailed  upon  him  to  descend  upon  the  altar.^  Thus  by 
appealing  to  superstition,  the  priests  took  the  place  of  the 
native  caciques  in  the  control  of  the  Indians.  But  there  was 
frequent  insubordination ;  rebellion  had  to  be  put  down,  and 
consequently  punishment  had  to  be  inflicted.  At  Monterey, 
in  1786,  "men  and  women  were  seen  loaded  with  irons, 
others  were  fixed  in  a  frame  resembling  stocks,  and  tiie  noise 
of  the  strikes  of  the  whip  assailed  the  ears  of  all  present,  a 
proof  that  this  punishment  is  permitted  here,  although  it  is 
said  not  to  be  exercised  with  severity."  *  Other  writers  have 
spoken  of  the  neophytes'  being  treated  as  a  race  of  slaves. 
In  some  instances  this  was  true,  in  others  not.  Subordination 
and  docility  are  the  first  requisites  to  effective  civilizing.  La 
Perouse  held  that  to  the  principles  of  Christianity  there  might 


^  Bancroft,  California,  I,  436. 

*La  Perouse,  Voyages  and  Travels,  II,  26,  (Pelham). 

*  La  Perouse,  II,  27.  *  La  Perouse,  II,  25. 


150  Sjxmish  Institutions  of  the  Southwest. 

have  been  gradually  added  the  practice  of  legislation ;  so  that 
little  by  little,  the  neophytes  might  have  been  transformed 
into  citizens.  Mr.  Forbes  and  Mr.  Beechy  both  criticise  the 
methods  employed  by  the  missionaries,  but  Mr.  Dwindle 
shows  a  desire  to  give  full  credit  to  their  work.  He  says, 
(  "It  was  something,  surely,  that  over  thirty  thousand  wild, 
barbarous,  and  naked  Indians  had  been  brought  in  from  their 
savage  haunts,  persuaded  to  wear  clothes,  accustomed  to  a 
regular  life,  inured  to  such  light  labor  as  they  could  endure, 
taught  to  read  and  write,  instructed  in  music,  accustomed  to 
the  service  of  the  church,  partaking  of  its  sacraments  and 
indoctrinated  in  the  Christian  religion,  and  this  system  had 
become  self-sustaining  under  the  mildest  and  gentlest  of 
tutelage ;  for  the  Franciscan  monks  who  superintended  these 
establishments  were  from  Spain,  and  many  of  whom  were 
highly  cultivated  men,  soldiers,  engineers,  artists,  lawyers, 
and  physicians,  before  they  became  Franciscans,  always 
treated  the  neophyte  Indians  with  the  most  paternal  kind- 
ness, and  did  not  scorn  to  labor  witli  them  in  the  field,  in  the 
brick-yard,  the  forge,  and  the  mill."  ^  Again,  he  says,  "  When 
we  view  the  vast  constructions  of  the  mission  buildings,  includ- 
ing the  churches,  the  refectories,  the  dormitories,  the  work- 
shops, the  granaries,  and  the  rancherias,  sometimes  brought 
many  miles  on  the  shoulders  of  the  Indians,  and  look  at  the 
beautiful  ribbed  stone  arches  of  the  church  of  the  Carraelo, 
we  cannot  deny  that  the  Franciscan  missionary  monks  had  the 
wisdom,  sagacity,  and  patience  to  bring  their  neophyte  pupils 
far  forward  on  the  road  from  barbarism  to  civilization,  and 
that  these  Indians  were  not  destitute  of  capacity."  j 

It  may  be  said,  however,  that  suitable  as  this  system  was 
for  the  docile  California  natives,  it  failed  when  applied  to  the 
treacherous  Apaches  and  the  warlike  Moqui.  It  was  a  system 
especially  adapted  to  pueblo  Indians  and  non-^varlike  races. 
But  with  sufficient  discipline  and  sufficient  time,  the  youth  of 

^  Dwinelle,  Colonial  History  of  San  Francisco,  84.  '  Dwinelle,  84. 


The  3Iission  System.  151 

every  tribe  to-day  in  America  could  be  made  self-sustaining. 
They  could  be  taught  the  arts  of  industry,  and  given  sufficient 
intelligence  to  make  them  good  citizens.  They  could  be  taught 
to  hold  their  land  in  severalty,  and  to  till  the  soil.  And  all 
this  and  more  of  the  same  nature  is  essential  to  the  solution  of 
the  Indian  race  problem. 

Another  method  which  was  tried  by  the  missionaries  on  the 
river  Colorado  ended  in  complete  failure.  It  was  designed 
to  combine  at  once  the  three-fold  plan  of  civil,  military,  and 
mission  pueblos.  The  proposed  colony  combined  the  attributes 
of  missions,  pueblos  proper,  and  presidios.^  "The  soldiers, 
under  a  sub-lieutenant,  were  to  protect  the  settlers,  who  were 
to  be  granted  house-lots  and  fields ;  while  the  friars  were  to 
act  as  pastors,"  attending  to  the  spiritual  interests  of  the  colo- 
nists, and  at  the  same  time  acting  as  missionaries  to  the 
Indians.  In  this  plan  the  priests  Avere  to  have  nothing  to  do 
with  temporal  affairs.  As  soon  as  the  Indians  were  domesti- 
cated, they  could  obtain  lands  and  live  in  the  pueblos  with  the 
Spaniards.  After  a  while  they  were  to  come  under  civil  and 
military  control.  Each  mission  was  to  have  ten  soldiers,  ten 
settlers,  and  six  laborers,  all  gente  de  razon,  to  form  the  prin- 
cipal organization  of  each  pueblo.  But  the  removal  of  the 
friars  from  the  duty  of  managing  land  and  secular  property 
in  general,  the  inequalities  of  the  separate  races,  and  other 
difficulties,  led  to  a  revolution  among  the  Indians;  and  a 
massacre  resulted,  bringing  to  a  speedy  close  all  efforts  for 
civilization  on  the  Colorado. 

No  other  system  came  so  near  accomplishing  the  reduction 
of  the  barbarous  races  to  a  state  of  civilization  as  that  of  the 
padres  of  California.  Their  work  was  done  in  a  very  short 
time;  for  fifty  years  is  but  a  span  in  the  course  of  civilization. 
Certainly  one  thing  was  accomplished  :  under  the  supervision 
of  missionaries  the  pioneer  work  of  a  great  state  was  begun. 
The  natives  did  the  greater  part  of  the  work.     Indian  labor 


Bancroft,  California,  I,  357. 


152  Spanish  Institutions  of  the  Southwest. 

constructed  all  buildings,  sowed  the  grain,  harvested  the  crops, 
planted  the  vineyards  and  orchards,  and  herded  the  cattle  and 
sheep.  Indeed  every  variety  of  industry  was  cultivated  among 
the  neophytes,  and  labor  and  worship  were  their  discipline. 
Considering  that  there  were  but  a  handful  of  monks  to 
organize  and  superintend  the  work,  that  they  worked  under 
so  many  disadvantages,  and  that  they  received  but  little  sub- 
stantial aid  from  the  civil  or  military  authorities,  the  result 
of  their  occupation  of  California  for  the  period  of  sixty  years, 
is  indeed  marvelous.  The  old  mission  buildings  are  the  most 
conspicuous  remnants  of  this  early  Spanish  and  Mexican  dom- 
ination. But  they  with  other  relics  of  this  evanescent  civili- 
zation will  soon  be  obliterated.  Some  missions  have  crumbled 
to  dust,  others  have  been  transformed  in  attempts  to  preserve 
them,  and  all  will  soon  be  forgotten  in  the  new  civilization  of 
the  Anglo-Saxon ;  the  civilization  of  steam,  and  electricity ; 
of  free  institutions  and  universal  intelligence,  the  civilization 
wrought  by  wheat,  fruit,  and  gold. 


CHAPTER  YIII. 

Spanish  Colonial  Municipalities. 

The  purely  civic  colonies  of  California  were  called  pueblos 
to  distinguish  them  from  missions  or  presidios.  The  term 
pueblo,  in  its  most  extended  meaning,  may  embrace  towns  of 
every  description,  from  a  hamlet  to  a  city;^  and  consequently 
might  apply  equally  well  to  the  missions,  with  their  adjacent 
Indian  villages,  to  the  small  villages  springing  up  around  the 
presidios,  or  to  the  regularly  settled  colony.  However,  in  its 
special  significance,  a  pueblo  means  a  corporate  town,  with 
certain  rights  of  jurisdiction  and  administration.  In  Spain 
the  ternYtMgar\T3iS  usually  applied  to  towns  of  this  nature ; 
but  the  SpnTrtsli  Americans  have  preferred  and  persistently 
used  the  term  pueblo.  But  the  word  may  be  used  in  several 
distinct  ways,  each  of  which  may  be  entirely  correct.  In  the 
first  place  it  had  a  political  significance  when  it  was  applied 
to  the  jurisdiction  of  all  the  legal  voters  within  a  certain  ter- 
ritory;  second,  it  applied  to  the  judicial  jurisdiction  repre- 
sented by  an  alcalde  of  the  pueblo,  which  did  not  always 
coincide  with  the  political  jurisdiction ;  and  third,  the  pueblo 
had  a  proprietary  existence  defined  by  the  rights  to  certain 
lands  given  by  the  grant ;  and  when  complete  it  had  a  town 
council  {aymitamiento),  composed  of  councilmen  (regidores), 
judges  {alcaldes),  and  a  mayor.^     This  view  gives  to  the  term 

1  Ciudad,  is  the  term  usually  applied  to  a  city ;  it  also  admits  of  flexibiUty 
of  use. 

^  Instructions  of  the  Governor  of  California  in  a  letter  to  the  Ayuntamiento 
of  Monterey,  Jan.  25th,  1836  ;  cf.  Dwindle,  51. 

153 


154  Spanish  Institutions  of  the  Southwest. 

a  wider  significatipft-tiian  its  most  common  one,  that  of  a  col- 
lection of  houses  (iildeajy^ 

The  use  of  these  terms  remind  us  that  the  origin  of  this 
institution,  like  that  of  many  others  in  Spanish  America, 
belongs  to  an  early  period  of  Old  Spain.  It  is  quite  remark- 
able that,  in  our  so-called  Anglo-Saxon  nation,  there  should 
have  existed,  as  late  as  the  present  century,  so  many  of  the 
customs  and  usages  of  a  Romance  people ;  and  that  there  st^ll 
/remain  in  some  of  our  States  vestiges  of  the  laws  and  judicial 
procedure  of  Old  Spain.  Spain  has  ever  been  a  conservatives 
nation,  in  spite  of  frequent  revolutions ;  and  her  customs  and  ^ 
laws  have  been  preserved  throughout  the  centuries.  This  is 
made  apparent  by  a  comparison  of  the  numerous  codes  of 
Spain ;  for  an  old  code  was  seldom  repealed  on  the  introduc- 
tion of  a  new  one,  consequently  the  former  was  appealed  to 
in  all  cases  not  covered  by  the  latter.  After  the  transmission 
of  laws  and  customs  to  the  colonies,  there  was  a  tendency  to 
preserve  old  forms ;  so  that  the  provinces  record  institutions, 
customs,  and  laws,  that  the  progressive  centers  of  civilization 
have  out-grown.  While  colonies  are  young  and  feeble,  and 
before  they  have  developed  an  independent  life  and  growth,  it 
is  universally  true  that  they  have  a  tendency  to  retain  ancient 
forms. 

Not  only  was  Spain  the  first  territory  to  be  fully  colonized 
by  Rome,  but  the  first  to  develop  the  municipal  system,  the 
first  to  allow  the  communes  representation  in  the  general 
assembly,  and  the  first,  in  fact,  to  formulate  a  code  of  modern  / 
laws.  It  is  difficult  to  point  out  the  exact  origin  of  the/ 
Spanish  municipality,  although  it  is  easy  to  assert  in  gener^ 
terms  that  it  is  Roman  in  its  source.  It  is  claimed  by  some 
)^that  the  Roman  municipality  was  never  entirely  obliterated, 
and  consequently  retained  its  identitythroughout  the  inva- 
sions of  Jhe  Moor  ajid  tlie -GothTandlllnder^^  feudal  regime. 
Considering  the  general  effects  of  the  Northern  invasions  upon 
,the  Roman  law  and  the  Roman  government,  especially  in 
o-eference  to  the  municipality,  this  is  very  plausible.     It  is 


Spanish  Colonial  Municipalities.  loo 

evident  that  the  forms  of  government  and  their  own  time- 
honored  rights  still  remained  in  the  minds  of  the  peoplB,;;^^^,,^^ 
the  risk  of  repetition,  the  writer  will  again  refer  to  the  con- 
tinuity of  the  Roman  municipal  polity.^ 

Although  the  early  period  of  Spanish  history  is  upon  the 
whole  obscure,  it  is  not  wanting  in  definite  knowledge  on 
specified  subjects.  That  Spain  was  covered  with  Roman 
municipalities  and  colonies,  there  is  abundance  evidence ; 
but  as  to  the  nature  of  these  colonies  and  municipalities,  as  to 
their  laws  and  government,  it  could  only  be  affirmed  that  they 
were  Roman.  This  would  give  them  a  general  characteriza- 
tion, and  beyond  this,  little  could  be  said  of  their  nature, 
were  it  not  for  the  discovery  of  bronze  tablets  in  a  brick-pit 
near  Malaga  and  Salpensa,  two  towns  in  the  province  of 
Baetica  in  Spain.  These  tablets  not  only  show  the  nature  of 
the  municipal  laws  of  the  period,  but  they  demonstrate  the 
continuity  of  the  municipality  during  the  early  empire.  The 
laws  were  compiled  in  the  time  of  Vespasian,  and  were 
doubtless  in  force  a  long  time  thereafter.  Although  they 
were  only  partially  recovered,  they  reveal  sufficient  truth  to 
supplement  knowledge  from  other  sources,  and  to  establish 
beyond  a  doubt  the  character  of  the  municipal  organizations 
in  the  provinces.  In  the  Roman  province  there  were  several 
classes  of  towns ;  there  were  free  federated  towns,  free  non- 
federate,  and  the  civitas  stipendiariae  possessing  no  privileges  ; 
all  of  which  were  non-Roman.  But  the  group  that  especially 
concerns  us  includes  the  Roman  towns.  Of  these  there  were 
three  main  classes;  municipia,  coloniae,  and  praefecturae. 
These  all  had  either  Roman  or  Latin  rights.  They  repre- 
sented a  part  of  the  Roman  system  of  citizenship.  It  was  the 
custom  of  Rome  to  govern  the  provinces  largely  through  the 
towns.  The  municipia  and  the  colonies  differed  but  little  in 
privileges;  their  chief  differences  lay  in  their  historical  develop- 
ment.    As  respects  internal  arrangement  and  constitution  the 

1  Cf.  Chapter  II. 


156  Spanish  Institutions  of  the  Southwest. 

chief  diflPerence  lay  in  the  fact  that  the  colony  had  duoviri, 
while  the  municipium  had  quattuoviri,  although  a  town  might 
have  both  sets  of  officers.^  The  municipium  was  received  into 
the  Roman  system  from  without ;  while  the  colony  was  founded 
by  sending  out  citizens  from  within.  The  colony  or  munici- 
pium might  be  with  or  without  suffrage,  as  they  were  admitted 
either  to  the  full  Roman  or  the  Latin  rights. 

Thus  their  constitutions  would  vary  with  their  privileges 
granted  ;  and  in  this  respect  the  Roman  towns  may  be  classed 
together.  Every  Roman  municipal  town  had  a  senate  of  a 
hundred  members  in  which  sat  the  magistrates.  The  superior 
magistracy  consisted  of  two  aediles,  two  questors,  and  two  du- 
umvirs ;  and  the  two  duumvirs  were  changed  each  year.  These 
officers  represented  the  administration  of  justice,  and  the  man- 
agement of  the  revenue  of  the  municipium.^  The  senate 
{decuriones)  represented  the  chief  executive  body  of  the  town, 
and  formed  a  town  council  of  more  power  and  less  responsi- 
bility than  modern  town  councils.^  The  members  of  the 
council  were  usually  elected  by  the  whole  body  of  citizens ; 
but  with  the  election,  the  power  of  the  people  ceased;  the 
town  council  became  a  strong  oligarchy.  It  was  the  chief 
executive  of  the  municipal  organization,  and  in  many  in- 
stances the  other  officers  were  held  responsible  to  it.  In  the 
election  of  magistrates,  the  whole  number  of  candidates  was 
made  out  and  posted  before  election ;  and  from  the  whole  list 
the  designated  number  of  officers  was  elected.* 

These  early  Roman  municipalities  established  in  Spain  laid 
the  foundation  for  the  later  Spanish  municipalities.  Rejecting 
the  problem  of  identity,  the  historical  continuity  is  shown  by 
the  repetition  of  forms  and  methods  of  government.  So 
marked  is  the  similarity  between  the  early  Roman  and  the 
later  Spanish  municipality,  that  there  can  be  no  question  as  to 


^  Alius  Gellius,  XVI,  13.  -  Lex  Malicitana,  section  67. 

'  Arnold,  Roman  Provincial  Administration,  224. 
*  Lex  Malicitana,  section  51. 


Spariish  Colonial  Munid'palities.  157 

their  relation.  The  towns  passed  through  many  changes  and 
through  a  period  of  obscurity ;  but  they  reappear  in  the  elev- 
enth century  with  the  old  forms  and  a  new  spirit.  In  the 
place  of  decuriones  we  have  the  town  council  (ayuntamiento), 
composed  of  councilmen  (regidores)  elected  by  the  people. 
And  as  in  the  case  of  the  Roman  municipality,  the  magistrates 
of  the  town  have  seats  in  the  council.  The  alguazil,  or  town 
treasurer,  takes  the  place  of  the  Roman  quaestor ;  and  the 
alcaldes  or  judges  supersede  the  Roman  duoviri.  In  the 
Roman  municipium,  the  duumvir  acted  not  only  as  judge,  but 
he  conducted  the  case  throughout.  He  procured  the  witnesses 
and  appointed  arbiters  or  jurymen  to  decide  the  case.  In  the 
early  Spanish  municipalities,  the  alcaldes  performed»a  variety 
of  duties,  and  probably  combined  the  functions  of  constable, 
city  attorney,  and  judge.  In  the  more  fully  developed  town, 
there  was  a  special  officer  (procurador  syndico),  or  city  attor- 
ney, who  shared  part  of  the  duties  w- hich  formerly  fell  to  the 
lot  of  the  Roman  duumvir.  Thus  in  the  principal  officers  and 
in  their  respective  powers,  the  Spanish  pueblo  bears  a  close 
resemblance  to  the  Roman  provincial  town.  This  resemblance 
is  especially  marked  in  the  grouping  of  the  functions  of  offi- 
cials ;  there  was  no  clear  classification  of  the  judicial,  legisla- 
tive, and  administrative  powers,  as  in  modern  government. 

Although  the  Roman '  municipality  was  not  obliterated  by 
the  conquest  of  the  Goths  nor  by  the  dominion  of  the  Arab- 
Moors,  it  was  greatly  modified  by  feudal  society,  until  its 
modern  phase  possesses  some  characteristics  entirely  different 
from  the  original.  Federalism,  though  not  as  complete  in 
Spain  as  in  other  nations,  had  its  peculiar  effect  on  the  status 
of  towns.  The  manorial  system  prevailed  to  a  considerable 
extent ;  and  at  a  very  early  period  we  find  the  lords  giving 
charters  containing  privileges  to  the  burgesses  of  the  towns. 
These  privileges  were,  at  first,  of  a  simple  nature ;  referring 
chiefly  to  the  inheritance  of  property,  and  to  the  right  to  their 
own  judges,  either  chosen  by  the  peo])le  or  appointed  by  a 


158  Spanish  Institutions  of  the  Southwest. 

higher  power.'^  The  town  was  composed  of  lords-  aud  com- 
moners, who  w^ere  accorded  the  privileges  of  the  town ;  but 
there  were  connected  with  the  municipal  government  the 
counts  or  eompaneros  of  the  king,  who  were  charged  wath  the 
defense  of  the  country  and  the  re-population  of  the  frontier. 
The  modern  Spanish  commune  had  its  origin  in  the  attempt 
to  repeople  the  frontier  wastes  made  desolate  by  the  wars 
against  the  Arab-Moors.^  Inducements  were  held  out  by  the 
government  to  settlers  to  form  towns,  and  certain  chartered 
•rights  and  privileges  were  granted  to  the  colonists  (pobladores). 
The  earliest  record  of  a  charter  of  this  nature  is  that  granted 
to  the  city  of  Leon  in  1020.  This  grant  is  remarkable,  as  it 
recognizes  the  municipal  council  as  a  time-honored- institution.^ 
The  progress  of  municipal  freedom  was  necessarily  slow,  on 
account  of  the  power  of  the  feudal  lords  and  the  centraliza- 
tion of  authority  in  the  crown.  That  some  progress  in  self- 
government  was  made  is  assured  from  the  fact  that  the  towns 
were  granted  representation  in  the  general  assembly,  about  the 
middle  of  the  twelfth  century.^  There  are  references  that  seem 
to  indicate  a  much  earlier  representation ;  but  it  is  certain  that 
the  towns  were  represented  in  the  Cortes  of  Leon  in  1188.^ 
But  there  were  many  difficulties  with  which  the  new  munici- 
palities had  to  contend.  In  the  first  place,  the  precedent  of 
the  Roman  municipality  which  represented  the  officers  as 
proprietors  of  legislative  action  to  the  exclusion  of  all  repre- 
sentative privileges,  was  opposed  to  the  development  of  an 
urban  democracy.  The  proprietorship  of  the  feudal  nobility 
strengthened  this  tendency  to  aristocracy,  and  further  re- 
pressed the  rising  power  of  the  people.     Again,  the  rights 


^Alberto  Lista,  Del  Eegimen  municipal  en  Espafia,  Knapp,  Spanish 
Readings,  173. 

*  Dunham,  JSistory  of  Spain  and  Portugal,  TV,  99. 

*  Hallam,  Middle  Ages,  Part  II,  chapter  II. 

*  Popular  representation  occurred  about  a  century  later  in  France,  England, 
Italy,  and  Germany.     Hallam,  Part  II,  chapter  2. 

^Dunham,  IV,  154. 


Spanish  Colonial  Municipalities.  159 

accorded  those  who  formed  themselves  into  organized  commu- 
nities, with  town  councils  and  \qc?\  and  other  officers,  were 
largely  nominal,  on  account  of  the  forces  that  opposed  them. 
The  election  of  magistrates,  the  enjoyment  of  revenues  of 
the  forests,  and  the  riglit  to  the  succession  of  property,  were 
greatly  interfered  with  by  the  oppressive  feudatories.  The 
elections  were  seldom  governed  by  the  free  and  independent 
choice  of  the  people.  Take,  for  example,  the  town  Saragossa, 
(an  old  Roman  colony),  in  which  the  mode  of  choosing  the 
municipal  officers  was  partly  guided  by  the  choice  of  the  people 
and  partly  left  to  fortune.  The  names  of  persons  thought  fit 
for  office  were  written  on  slips  of  parchment  which  were 
inserted  in  wooden  balls.  The  balls  were  placed  in  a  bag. 
Then  a  child,  possibly  not  more  than  ten  years  of  age,  select- 
ing a  ball  from  the  bag,  elected  the  person  whose  name  was 
found  within.^  By  this  method  and  by  others,  a  few  leading 
spirits  had  the  opportunity  of  controlling  the  rights  of  the 
people.  Although  there  was  more  of  form  than  of  real  liberty 
in  the  Spanish  municipalities,  they  grew  to  have  power  in  the 
government,  and  gave  rise  to  a  distinct  portion  of  Spanish  law. 
The  establishment  of  towns  with  municipal  charters,  and 
with  rights  of  representation  in  the  Cortes,  developed  that 
branch  of  the  law  known  as  fueros,  consisting  of  chartered 
rights,  privileges,  and  decrees.  These  laws  formed  a  com- 
ponent part  of  the  famous  Siete  Partidas,  which  was  formu- 
lated by  Alfonso  X.  in  1258,  and  which  later  became  the  basis 
of  the  common  law  of  Spain.^  This  body  of  ancient  law  and 
customary  usage  formed  the  basis  of  the  royal  decrees,  made 
for  the  settlement  and  the  government  of  the  colonies.  The 
kings  of  Spain,  especially  Charles  V.,  Philip  II.,  Philip  III., 
and  Philip  IV.,  made  laws  and  gave  decrees  based  on  this 
code  for  the  settlement  and  government  of  Spanish  America. 


1  Ordinaciones  de  la  Ciiidad  de  Zaragoza,  4  (1693),  cited  by  Arthur  Helps, 
Spanish  Conquest,  IV,  404. 

2  Dunham,  IV,  121. 


160  Spanish  Institutions  of  the  Southwest. 

The  municipalities  iu  the  colonies  were  formed  after  the 
manner  of  those  in  Spain  ;  and  as  far  as  government  was  con- 
cerned, they  were  exact  copies  of  those  in  the  mother  country. 
Not  only  was  the  newly  colonized  territory  considered  a  part 
of  the  national  domain,  but  the  laws  and  ordinances  for  its 
government  were  promulgated  from  the  central  government. 
In  this,  as  well  as  in  the  idea  of  peopling  and  guarding  the 
frontier,  the  Roman  method  was  closely  followed.  All  details 
had  to  be  reduced  to  i'aw  and  pass  through  a  process  of  admin- 
istration before  any  action  was  taken ;  nothing  was  left  to  be 
decided  by  the  needs  of  the  colony  arising  from  peculiarity  of 
situation,  or  from  subsequent  development. 

Nevertheless  the  Spanish  sovereigns  endeavored  to  work 
out  in  detail  those  laws  best  suited  to  the  supposed  condition 
of  the  settlers ;  and  in  later  times  they  endeavored  to  consider 
the  exact  condition  of  the  colonists  before  making  laws  for 
their  control.  But  it  was  not  until  the  time  of  Carlos  III. 
that  there  was  any  show  of  liberality  on  the  part  of  the  sove- 
reicrn  in  regard  to  self-government.  The  reform  of  Carlos 
III.  was  directed  equally  against  the  practices  of  the  church, 
the  inquisition,  and  the  civil  government.  The  nation 
had  already  been  aroused  from  lethargy  during  the  reign  of 
Ferdinand  VI. ;  but  Carlos  stifled  the  inquisition,  repressed 
the  power  of  the  church,  lowered  taxation,  and  equalized  gov- 
ernment.^ During  his  rule  a  general  trade  sprang  up,  the 
navy,  once  the  pride  of  Spain,  was  restored,  and  prosperity 
began  on  every  side.  The  trade  with  the  colonies  increased 
from  5,000,000  crowns  to  12,000,000  crowns.^  At  this  time 
the  old  spirit  of  conquest  and  colonization  was  aroused, -and 
Alta  California  was  settled.  There"  was^an"  attempt  to  give 
colonists  better  opportunities  for  self  government. .  There  was 
at  this  time,  after  two  hundred  and  fifty-years  of  occupancy  of 
the  land,  evidence  of  original  development,  of  the  modification 
of  the  old  laws,  and  of  provincial  independence.     But  it  was 

^  Coxe,  III,  517  et  seq.  -  Dunham,  "V,  284. 


Spanish  Colonial  Municipalities. 


161 


very  slight,  as  we  find  the  laws  of  two  and  a  half  centuries 
being  enforced  with  little  modification.  The  colonies  were 
servile ;  and  as  far  as  administration  was  concerned,  they 
developed  but  little  vital  liberty. 

There  wasj-iiowever,  one  distinct  feature  of  the  Spaitisl 
[lean  town  which  separated  it  from  others  of  its  class  in 
^he  old  world — and  that  was  uniformity.  Made  after  the 
same  pattern,  the  towns  and  colonies  were  quit£-.s«»i4«r: — -^Cot 
^'~in  Jliurope ;  for  there  it  was  common  to  find  a  single  pro- 
vince containing  towns  of  every  variety,  one  holding  its  lands 
in  full  proprietary  right,  another  by  mere  usurpation,  another 
in  common  with  a  neighboring  lord,  and  yet  another  in  part- 
nership with  a  bishop,  a  church,  a  convent,  or  a  monastery.  All 
liberty  in  the  towns  of  old  Spain  was  either  purchased,  forced 
from  the  power  of  feudal  nobility,  or  received  directly  through 
chartered  rights  granted  by  the  sovereign. 

T'liPTPjvfls^  |p{^s<-.  ayj^wt^fryirrTTip  fnmiflt^tinn  of  tllCrT^tS 

of  the  towns  of  Spain  ;  and  this  led  to  the  formation  of  all  t)ie 
towns  in  the  colonies  upon  the  same  general  tYli&r-e^trr^ast 
after_special  tyjjeSii. 
rights  of  the  town,  and  to 
exactions.  As  has  been  already  stated,  the  general  laws  and 
regulations  governing  the  province  and  the  provincial  town 
proceeded  from  the  crown.  Nevertheless  the  provincial  gover- 
nors were  recognized  as  having  special  privileges,  and  their 
recommendations  were  frequently  followed,  especially  dur- 
ing the  latter  part  of  Spanish  rule;  and  under  Mexican 
domination,  the  provincial  governors  were  recognized  as  hav- 
ing still  more  independence  in  administration. 

Although  laws  for  the  settlement  of  the  new  territories  were 
made  by  Charles  V.,  the  first  general  system  of  laws  regulat- 
ing colonization  were  enacted  by  Philip  11.^  There  were  two 
principal  methods  set  forth  in  the  royal  decrees.     The  first 


sd^aTTendency  to  guarantee  tha     l^ 
free  it  from   irregularities  and) 


Dwinelle,  34. 
'  Recopilacion  de  leyes  de  los  reynos  de  las  Indicts,  II,  19. 


11 


162  Spanish  Institutions  of  the  Southwest. 

vested  the  land  by  proprietary  right  in  the  individual,  pro- 
vided that  he  founded  a  colony  after  prescribed  rules.  The 
second  plan  granted  the  land  to  a  company  of  individuals,  and 
reserved  to  them  certain  rights  as  citizens  and  colonists.  The 
jfirst  method  allowed  the  proprietor  to  settle  a  town  by  con- 
tract, with  Spanish  colonists,  and  to  provide  it  with  a  town 
council  (ayuntamiento)  composed  of  alcaldes  and  regidores; 
and  required  the  proprietor,  as  a  guarantee  of  the  grant,  to 
establish  within  a  given  time  stated  in  the  contract,  thirty 
settlers,  each  provided  with  a  house,  ten  breeding  cows,  four 
oxen,  and  additional  small  stock.^  The  proprietor  had  to 
procure  a  priest  for  the  administration  of  the  sacrament  and 
to  provide  a  well  furnished  church  for  divine  worship.  The 
priest  was  at  first  temporarily  appointed  by  the  proprietor; 
but  the  king  reserved  the  right  to.  make  all  subsequent 
appointments.  Should  the  proprietor  fail  to  comply  with  all 
the  requirements  of  the  law  as  manifest  in  his  bond,  the 
improvements  already  made  were  to  revert  to  the  king,  and 
the  proprietor  was  to  be  subjected  to  an  additional  fine  of  one 
thousand  pesos  of  gold ;  on  the  other  hand,  should  he  succeed 
in  founding  the  colony  according  to  agreement,  he  was  then 
/entitled  to  four  square  leagues  of  land. 

By  the  second  method  it  was  provided  that  ten,  or  more, 
jmarried  citizens  might  form  a  settlement,  with  the  customary 
)ueblo  grant  of  four  leagues  of  land.  They  were  accorded 
the  common  municipal  rights,  and  granted  the  privilege  of 
electing  annually  alcaldes  of  the  ordinary  jurisdiction,  and  a 
common  council.^  This  guaranteed  to  the  settlers  certain 
democratic  rights,  and  represents  in  this  respect  the  type  of 
the  true  Spanish  pueblo.  More  laws  were  added  to  these  from 
time  to  time,  the  Spanish  sovereigns  always  giving  explicit 
instructions   concerning   the   minutest   details  of  procedure. 


^  Recopilacion,  libro  IV,  titulo  V,  ley.  6. 
'  Recopilacion,  libro  IV,  titulo  V,  ley.  10. 


Spanish  Colonial  Municipalities. 


163 


Even  so  small  a  matter  as  sending  irons  for  branding  cattle 
had  to  receive  the  royal  sanction. 

The  laws-^w^he  colonization  of  CaliforurttT-though  based 
on  the-'iaws  above  referred  to,  were  set  forth  in  regiuHtions 

)claimed  by  Philip  de  Neve,  governor  of  provincial  Calufor- 
iiia   in    1779;    but  did  not  receive  the  royal  approval  umil 
1781.     The  first  settlement  in  Alta  California  had  been  iiiade 
ten  years  prior  to  this  proclamation,  and  several  missions 
presidios  had  been  founded  in  the  intervening  time.     Th 
regulations  mark  the  beginning  of  a  new  enterprise,  tha 
an  attempt  to  settle  the  province  with  Spanish  people  (gen 
de  razon).     They  represent  but  little  that  is  new  in  the  law 
but  are  rather  a  development  and  explanation  of  the  laws  o 
the  Indies.     The  regulations  relate  to  all  departments  of  th( 
government  of  the  province,  but  title  fourteen  treats  especially 
of  political  government  and  colonization.     The  instruction 
are  set  forth  clearly  and  in  detail,  embracing  the  methods  t 
be  employed  in  founding  colonies,  and  the  rules  to  goveri 
the  colonists.^     In  the  introduction,  the  governor  stated  that  i : 
was  desirable  to  found  colonies   in  California  in  order  "to 
fulfil  the  pious  intentions  of  the  king,"  and  to  secure  to  his 
majesty  "  the  dominion  of  the  extensive  country  which  occu^ 
pies  a  space  of  more  than  two  hundred  leagues,  comprehending; 
I  the  new  establishments,  the  presidios,  and  the  respective  ports  i 
)f  San  Diego,  Monterey,  and  San  Francisco."    Another  reaso 
jf  prime  importance  was  urged;  that  towns  should  be  esta 
lished  in  the  interest  of  the  state  in  order  that  the  peop 

light  encourage  agriculture,  cattle  breeding,  and  other  brancaes 
on  industry,  to  such  an  extent  that  in  a  few  years  the  produce 
of  \the  colonies  would  be  sufficient  to  supply  the  garrispus  of 
the\  presidios.     San  Jos6  had  already  been  founded  jwath  this 


1  Halleck's  i2epo)-<,  Ex.  Doc.  17  ;  31st  Con.,  1st  Sess.,  134-9  ;  Hall's  History 
of  San  Jose,  450  el  seq  ;  Dwinelle's  Colonial  History  of  San  Francisco  ;  Ban- 
croft, Cal.,  I,  333 ;  Archives  of  CaL,  732,  762,  746. 


164  Spanish  Institutions  of  the  Southwest. 

idea  in  view,  and  another  pueblo  was  contemplated,  to  be 
peopled  with  setilei^sXpobfadoresy  from  Sinaloa  and  Sonora. 

In  this  way  it  wUsHioljed  to  obviate  the  great  risks  and 
losses  which  the  royal  government  might  suiFer  in  the  trans- 
portation of  supplies  so  great  a  distance.  Still  another  con- 
sideration must  not  be  overlooked ;  namely,  the  new  colonies 
would  supply  recruits  for  the  presidio  garrisons,  and  at  the 
same  time  prove  a  means  of  defence  to  the  entire  country. 
The  law  provided  that  each  poblador,  to  whom  house  lots  or 
lands  were  granted,  should  be  obliged  to  hold  himself"  equipped 
with  two  horses  and  a  complete  saddle,  musket,  and  other  arms" 
for  the  defence  of  his  particular  district,  subject  to  the  call  of 
the  government.^  It  would  not  be  difficult  to  trace,  in  this 
grant  of  land  on  consideration  that  the  receiver  hold  himself 
in  readiness  to  defend  the  king's  territory,  something  analogous 
to  the  old  feudal  regime. 

Prior  to  the  regulations  of  Neve,  each  settler  was  entitled 
to  receive  annually  one  hundred  and  twenty  dollars,  with  food 
for  the  first  two  years  after  enlisting  as  a  colonist,  and  provi-  - 
sions  alone  for  the  three  following  years.  At  the  end  of  five 
years  he  might  be  put  in  full  possession  of  the  land,  provided 
that  all  of  the  conditions  had  been  fulfilled.  By  the  new  reg- 
ulations this  law  was  changed  so  as  to  give  to  each  settler  one 
hundred  and  sixteen  dollars  and  seventeen  and  a  half  cents  for 
each  of  the  first  two  years,  and  sixty  dollars  per  annum  for 
each  of  the  remaining  three  years.  The  colonists  were  to 
enter  upon  their  possessions  at  once,  their  salaries,  stipends, 
and  rations  beginning  with  the  enlistment.^  But  these  pro- 
visions were  simply  a  part  of  the  inducements  offered  to  settlers 
by  the  Spanish  government.  Each  settler  was  entitled  to 
receive  a  house-lot,  a  tract  of  land  for  cultivation,  another  for 
pasture,  and  a  loan  of  sufficient  stock  and  implements  to  make 
a  comfortable  beginning.  In  addition  to  these,  he  received 
two  mares,  two  cows  and  one  calf,  two  sheep,  and  two  goats 

1  Regulations  of  de  Neve,  XIV,  16.  ^  ^^^^^  xiV,  3. 


Spanish  Colonial  3funicipalities.  165 

(all  breeding  animals) ;  two  horses,  one  cargo  mule,  and  one 
yoke  of  oxen  or  steers ;  one  plow  point,  one  spade  (of  wood 
with  steel  point),  one  axe,  one  sickle,  one  wooden  knife,  one 
musket,  and  one  leather  shield.  In  addition  to  these,  there 
were  given,  for  breeding  purposes,  the  males  of  the  different 
kinds  of  animals  and  females  of  certain  kinds  were  distributed 
to  the  settlers.  These  were  granted  to  the  community  at 
larare,  and  were  therefore  town  property.  The  town  also 
had  one  forge,  one  anvil,  six  crow-bars,  six  iron  spades,  the 
tools  necessary  for  carpenter  and  cast  work,  and  other  neces- 
sary tools  and  utensils. 

The  implements  and  stock  granted  to  the  settlers  were  to  be" 
repaid  within  five  years,  in  horses  and  mules,  "  fit  to  be  given 
and  received."  But  the  surplus  produce  of  the  colonists  was 
to  be  purchased  by  the  government  for  the  use  of  the  presidios  ; 
and  a  certain  part  of  this  return  was  to  be  set  aside  each  year 
for  the~^ray«ient  of  the  loans.^  All  of  the  above  regulations 
were  approved  by  his  majesty  the  king,  according  to  the  laws 
of  the  Indies. 

In  the  process  of  founding  the  town  and  laying  out  the 
land,  the  instructions  were  not  less  explicit.  By  an  ancient 
^w,-'a  pueblo  grant  was  four  square  leagues  of  land,  laid  out 
in  the  form  of  a  square  or  an  oblong,  according  to  the  condi- 
tions of  the  country.^  The  first  point  to  be  chosen  was  the 
plaza,  which  in  an  inland  town  had  to  be  laid  out  iji  a  rec- 
tangular form  at  the  centre  of  the  town,  or  in  case  the  town 
was  on  a  river  or  bay,  it  was  to  be  located  on  the  water 
front.^  Having  located  the  plaza,  the  surveyors  proceeded  to 
lay  out  the  town,  dividing  it  into  blocks  and  lots^ 
center  of  the  plaza  was  located  the  pueblo  courthouse((juzgado)^ 
sometimes  with  a  jail  attached ;  and  facing  the  pfeziTwere 
the  public  buildings,  the  council  house,  the  church,  the  store 
rooms,  and  others ;  while  the  remaining  frontage  was  occu- 


^Neve,  XIV,  15.  "  Recopilacion,  II,  19. 

^  Recopilacion,  V,  IV,  6.  *  Bancroft,  Central  Avierica,  I,  496. 


166  Spanish  Institutions  of  the  Southwest. 

pied  by  dwelling-houses.^  There  are  traces  of  these  old  plazas 
yet  remaining  in  some  of  the  towns  of  California,  although 
the  majority  have  been  used  for  public  parks  or  for  the  loca- 
tion of  public  buildings.  After  the  location  of  public  build- 
ings, the  land  composing  the  remainder  of  the  proposed  towns 
was  divided  into  building  lots,  and  granted  to  tlie  founders 
(pobladores).  The  Spanish  law  provided  that  each  settler 
should  receive  a  building  lot  thirty  varas  square,  separated 
by  streets  of  ten  varas  in  width  between  each  block  of  two 
lots.^  However,  there  were  variations  in  the  size  of  the  house 
lots.  The  lots  of  Los  Angeles  were  twenty  by  forty  varas; 
and  by  the  Mexican  ordinance  of  1828  for  the  colonization  of 
the  territories  of  the  Republic,  each  lot  was  to  be  one  hundred 
varas  square.^ 

Thus  the  town  proper  was  laid  out  for  the  erection  of 
dwellings,  and  for  religious  and  political  purposes.  But  in 
considering  the  Spanish  pueblo,  it  must  be  remembered  that  it 
included  a  large  area,  ten  thousand  varas  square,  of  which  the 
collection  of  houses  represents  but  a  small  part.  In  this 
respect  it  resembled  a  New  England  town ;  as  it  included  not 
only  village  lots,  but  small  farms  of  tillable  soil,  the  commons, 
common  pasture,  and  common  woodland.*  Consequently  there 
Vere,  in  addition  to  the  town  lots,  five  classes  of  land  to  be 
considered  in  the  formation  of  a  town,  as  follows  :  First, 
there  was  a  certain  strip  of  land,  called  ejidos,  lying  on  one 
side  of  the  town,  or  else  surrounding  it  entirely,  which  must 
be  reserved  for  the  convenience  and  common  benefit  of  the 
colonists,  and  where  they  might  pasture  a  few  milch  cows  or 
tether  a  horse.^  In  its  use  it  bore  a  close  resemblance  to  the 
commons  of  the  New  England  town.     The  ejidos  belonged  to 


^  See  Figm-e  1,  B. 

^  A  vara  is  a  Spanish  yard  of  33i  inches,  and  is  still  used  as  a  measure  in 
selling  city  lots  in  California  towns. 
-     ">  Halleck,  Sec.  15,  142.  "See  Fig.  1,  A. 

^Becopiladon,  rV,  Y  11,7,13,14. 


Spanish  Colonial  Municipalities. 


167 


UJ 


CiJ 


<  s 


□DDHnDDn 

□□DHnnna 
0i""n^  000 


nnnHBDDa 
□nnHDDnn 
□DDHDnna 


CJ 


13     M 


Vj 


•^    r  CI 


«6a 
n5  ^  a 


I.     3     N 

5  5- 
^  M  fc 


iT  a 

•?  a 

=.  o 
?  d 
en  II 
II    =o 


«  II  -9 


bO 


•satitn  QS'Q  =  sanSeai  g  =  sbjba  oOO'OI 


168  Spanish  Institutions  of  the  Southwest. 

the  town,  and  could  not  be  alienated  from  it  except  by  royal 
order  permitting  its  occupation  by  new  settlers.^  '^  s6&ms 
that  tliis-was  one  mothod  emplayM~To""anow  the  town  to  ei 

jSjkI  after  all  of  the  lots  of  the  original  survey  had  been  taken^ 
Although  the  laws  are  explicit  in  guaranteeing  to  each  puebk 
ejidos  assigned  out  of  the  public  domain,  there  seem  to  have 
been  differences  of  opinion  and  of  usage  at  different  periodsj 

?oncerningJhjeiiLdiapiiaaJL!___^ 

It  was  held  by  Gutierrez  that  the  ejidos  must  be  maintained 
as  vacant  suburbs  for  pasturage  of  cows  and  horses,  and  for 
ventilation,  walks  and  alleys ;  but  that  they  could  be  sold,  if 
necessary,  by  the  town  for  building  lots.^  Dwindle  and  Hall 
each  assert  that  the  Spanish  law  resembles  that  of  the  ancient 
Hebrews  in  regard  to  the  "  field  of  the  suburbs,"  which  says  : 
"  But  the  field  of  the  suburbs  (or  pasture  lands)  of  their  cities 
may  aiot  be  sold  for  it  is  their  perpetual  possession."  *  The 
situations  of  the  Hebrew  commonwealth  and  the  Spanish 
monarchy  were  so  widely  different  that  little  is  to  be  gained 
by  the  comparison,  although  there  is  a  striking  resemblance  in 
the  law  and  the  usage  in  both  countries.  The  king  of  Spain 
being  absolute  proprietor  of  the  land,  in  theory  and  in  practice, 
all  grants  of  public  lands  to  towns  gave  to  those  towns  the  full 
right  and  title  to  the  lauds>-whiT7h-tlffi-kin^^uld  not  revo1^, 
although  he  might  usurp  these  rights,  ^^vei'thtiless, '^le 
grant  to  a  town  was  not  equivalent  to  a  grant  in  fee  simple ; 
but  was  rather  a  guarantee  of  perpetual  use.  The  grants  to 
settlers  were  of  similar  nature;  and  consequently,  when  the  king 
grantedthe  occupation  of  the  lands  to  settlers,  it  was  a  transfer 
ofuse  outy;  and  the  king  could  maintain  a  right  to  allow  the 
occiipatioii  of  these  towns  by  his  own  decree,  although  the 

1  Ibid.,  13. 

'■*  Dwindle  holds  that  the  term  "ejidos,"  used  in  a  general  sense,  meant 
all  of  the  common  lands  attached  to  a  town,  but  that  it  also  had  a  particular 
meaning  of  "commons,"  as  described  above.  Gutierrez  gives  the  same 
explanation.     Dwindle,  32,  337. 

'  Dwindle,  52.  *  Dwindle,  11 ;  HaU,  52 ;  Leviticus,  XXV,  34. 


Spanish  Colonial  Ilunicipalities.  169 

town  could  not.  Under  Mexican  rule,  Gutierrez  assigns  the 
right  of  transferring  land,  formerly  held  by  the  king,  to  the 
town  council. 

Within  the  pueblo,  and  some  distance  from  the  village, 
were  located  the  arable  lands  ofsweT^e^vhich  were  granted  to 
the  settler  for  the  purposes  of  agriculture.  These  grants  were 
•provided  for  in  the  laws  of  the  Indies  to  which  the  regulations 
of  Neve  apply  more  specifically.  After  the  reservations  of 
the  land  for  town  lots  and  for  the  suburbs  were  made,  all  of 
the  remaining  land  was  divided  into  two  classes ;  the  irrigable 
and  the  non-irrigable.  One-fourth  of  the  lands  having  been 
reserved  for  new  settlers,  and  another  portion  for  the  town,  the 
remainder  was  divided  among  the  first  founders.  If  there 
were  sufficient  lands  to  allow  it,  each  poblador  received  two 
suertes  of  irrigable  land  and  two  of  non-irrigable ;  the  latter 
suitable  for  pasture  or  crops  without  irrigation.  As  each 
suerte  consisted  of  a  lot  two  hundred  varas  square,  every 
settler  received,  under  favorable  circumstances,  about  tweut'^ 
eight  acrSTof  tillable  laud  besidesTns  own  lot.  All  citizens 
were  treated  alike  inthe  distributioiiof  lauds, — In  tl 
the  SpauisiTcoTouy'^iffered  from  the  Roman,  in  which  land 
was  allotted  according  to  the  rank  of  officers  and  civilians. 

The  conditions  attached  to  the  grants  indicate  the  strong 
hold  the  king  retained  on  the  lands.  By  the  laws  of  the 
Indies,  colonists  were  forbidden  to  sell  or  otherwise  alienate 
their  lands  until  after  the  fourth  year  of  their  occupation.^ 
But  this  law  must  have  been  changed ;  for  we  find  the  regula- 
tions of  1791  forbidding,  under  any  conditions,  the  disposal  of 
land  by  sale.  The  houses  and  lands  were  to  remain  forever  as  a 
perpetual  inheritance  to  the  sons  and  daughters  of  the  colonists, 
with  the  exception  that  the  daughters  should  receive  no  land 
unless  married  to  useful  colonists  who  had  received  no  grant. 
Although  the  lands  were  to  be  kept  "  indivisible  and  inalien- 
able forever,"  the  owner  of  the  suerte  might,  if  he  chose,  will 


^  Recopilacion,  IV,  XII,  1. 


170  Spanish  Institutions  of  the  Southwest. 

it  to  one  son,  provided  he  were  a  layman.  Another  precau- 
tionary measure  asserted  that  the  colonists  and  their  successors 
could  not  impose  upon  the  house  or  parcel  of  land  allotted 
them,  "  either  tax,  entail,  reversion,  mortgage  (centa,  vincula, 
fianza,  hipotica)  or  any  other  burden,  although  it  be  for  pious 
purposes."  The  penalty  for  failing  to  comply  with  this  law 
was  the  entire  forfeiture  of  the  property  in  question.  This 
law,  in  part,  survived  the  revolution;  for  we  find,  in  the  decree 
of  1824,  that  lands  shall  not  be  transferred  in  mortmain.^ 

Among  other  conditions  of  grants  worthy  of  notice  is  that 
within  five  y-ears  after  his  first  occupation  each  settler  was  to 
possess  two  yoke  of  oxen,  two  plows,  two  points,  two  hoes,  and 
other  instruments  for  tilling  the  soil;  and  by  the  end  of  three 
years  he  must  have  a  house  entirely  finished,  and  ".supplied 
with  six  hens  and  a  cock." 

The  colonists  were  forbidden  to  kill  any  cattle  granted 
them,  or  their  increase,  within  the  first  five  years ;  but  sheep 
and  goats  might  be  disposed  of  at  the  age  of  four  years.  The 
penalty  for  the  breach  of  this  law  was  the  forfeiture  of  the 
-  amount  of  a  year's  rations.^  The  colonists  were  exempt  from' 
the  payment  of  all  tithes  and  every  other  tax  on  the  products  of 
the  lands  and  cattle  given  them,  provided  that,  within  one  year 
from  the  date  of  settlement,  they  built  a  house  to  live  in,  con- 
structed a  dam  for  irrigation,  and  set  out  fruit  or  other  trees 
on  the  boundaries  of  their  possessions.  But  the  community 
had  to  complete,  during  the  third  year,  a  store-house  to  keep 
the  produce  of  the  public  sowing,  and  within  the  fourth  year 
suitable  government  buildings.  Also  from  the  third  to  the 
fifth  of  one  almud  (one-twelfth  of  a  fanega,  or  one  peck)  of  corn 
must  be  given  by  each  poblador  for  the  sowing  of  the  public 
lands;  and  these  lands  must  be  tilled  and  the  grain  harvested 
and  stored  by  the  labor  of  the  settlers.  These  were  forms  of 
municipal  taxation,  and   the  harvested  grain  was  stored  as 


1  HaUeck's  Report,  140 ;  Eockwell,  451 ;  Schmidt,  341. 
^  Neve,  Sec.  12. 


Spanish  Colonial  Municipalities.  171 

public  revenue.  But  after  the  expiration  of  said  term  of  five 
years,  the  new  pobladores  and  their  descendants  were  to  pay, 
in  the  acknowledgment  of  the  direct  and  supreme  dominion 
which  belongs  to  the  sovereign,  one-half  of  a  fanega^  of 
Indian  corn  for  each  suerte  of  cultivable  land. 

The  colonists  of  the  civil  establishments  of  California  formed 
in  no  respect  a  community  where  goods  and  property  were 
held  in  common ;  but  there  are  to  be  noticed  in  the  founding 
of  the  towns  several  characteristics  which  are  marks  of  the  old 
village  community.  Within  the  four  square  leagues  of  land 
included  in  the  pueblo  grant,  there  were  reserved  from  sale  and 
permanent  occupation  a  common  pasture  land  and  a  common 
woodland,  which  were  secured  to  the  settlers  by  law.  The 
pasture  land  was  necessarily  limited;  but  as  it  was  established 
by  law  that  each  pueblo  should  be  located  at  least  five  leagues 
from  every  other  village  or  settlement,  there  was  sufficient  room 
for  the  pasturage  of  the  large  herds  outside  of  the  pueblo  limits.^ 
These  lands  outside  belonged  to  the  king ;  but  they  could  be 
used  by  the  inhabitants  of  the  town ;  in  fact,  the  great  pasture 
-fields  (dehisas)  were  guaranteed  to  each  town.^  Over  these  the 
large  herds  belonging  to  the  inhabitants  of  the  town  usually  j 
roamed  without  any  special  limits  of  territory,  ezcept  that  of  ^ 
convenience.  Other  property,  set  apart  for  the  common  good 
of  the  community,  was  the  royal  lands  {realengas);  these  were 
devoted  to  the  raising  of  revenue  for  the  support  of  the  town 
government.  Portions  of  these  were  set  apart  and  assigned 
to  the  care  of  the  town  council ;  and  were  consequently  called 
"pi'opios,"  or  the  estates  of  a  city  corporation.  These  lands 
were  to  be  leased  to  the  highest  bidder,  for  a  term  not  exceeding 
five  years ;  and  the  proceeds  of  the  rental  were  used,  in  lieu 
of  taxes,  to  defray  the  city  expenses."  The  "  ayuntamientos  " 
had  full  control  of  these  lands,  fixed  the  minimum  price  of 
rent,  and  conducted  the  rental.    Not  all  of  the  expenses  of  the 

1  One  bushel ;  a  fanega  being  about  two  bushels. 

*  RecopUacion,  VII,  IV,  14.  '  Ibid.  *  DwineUe,  8,  51. 


172  Spa7iisli  Institutions  of  the  Southwest. 

town  government  were  met  in  this  way,  but  enough  of  them 
to  relieve  taxpayers. 

The  fact  that  a  government,  having  sole  right  and  title  to 
the  land,  founded  a  town  in  a  new  country,  and  reserved  a 
part  of  the  public  domain  to  defray  the  expenses  of  city  gov- 
ernment, thus  lessening  taxes,  appeals  to  our  sense  of  justice, 
and  is  a  subject  for  the  consideration  of  the  modern  political 
economist.^  Since  it  would  not  be  well  to  free  a  people 
entirely  from  taxation,  the  above  method  is  a  legitimate  and 
rational  way  of  lightening  the  enormous  burdens  of  taxation 
that  fall  upon  the  people  of  large  cities.  Many  cities  have 
surrendered  lands  when  they  should  have  held  them  for 
future  use ;  and  were  consequently  obliged  to  purchase  at 
great  expense  that  which  should  have  been  reserved  by  rigljt. 

Another  very  important  grant  of  land  was  termed  a^sitio^ 
(site);  which,  in  its  primary  legal  sense,  meant  the  individual 
grant  of  a  square  league  of  land.  It  obtained  a  general 
signification  as  applied  to  all  of  those  grants  of  land  made  to 
individuals  outside  of  the  pueblo  for  the  purpose  of  rearing 
cattle.  It  was  through  this  process  of  obtaining  land  that  the 
extensive  Spanish  grants  in  California  originated.  The  sitio 
gradually  increased  in  size,  until  under  Mexican  rule  the  law 
fixed  the  maximum  grant  that  might  be  made  to  a  single 
person  at  eleven  square  leagues  of  land,  or  about  seventy-one 
and  one-half  square  miles,  or  nearly  two  legal  townships. 
The  regulation  of  1834  provided  that  no  person  should  be 
allowed  to  receive  a  grant  of  more  than  one  square  league  of 
irrigable  land,  four  superficial  ones  dependent  upon  the  sea- 
sons, and  six  superficial  ones  for  the  purpose  of  rearing  cattle.^ 
In  1828  the  maximum  amount  of  grants  to  a  single  individual, 
of  irrigable  land,  was  two  hundred  varas  square ;  of  land 
dependent  upon  the  seasons,  eight  hundred  varas  square ;  and 


^  There  is  a  parallel  to  this  law  in  the  Hebrew  custom  of  reserving  certain 
lands  for  them  that  serve  the  city.     Ezekiel,  48,  18. 
2  Halleck's  Report,  139. 


Spanish  Colonial  Municipalities. 


173 


for  breeding  cattle,  twelve  hundred  varas  square.^  The  legal 
titles  to  these  Spanish  grants  have  been  the  source  of  a  great 
deal  of  legislation  in  the  California  courts. 

Having  thus  outlined  the  method  of  colonization  as  estab- 
lished by  law,  it  remains  to  give  a  brief  description  of  the  few 


Fig.  2. 


y,  y^ay  t^  SSissi©K 


si              18 

a       12 

H      IS      16 

1 1 1 1 1  1 1 

13     la     E 

8       9       10       6 

7        3     1  €«        5 

a     1  J  2     a 

p 


c<f 


.y^      rOEBLO 


Map  of  San  Jose. 

Bancroft,  California,  I,  350. 

a,  a,  a,  =  Realengas.  1,  2,  3,  etc.  =  Suertes. 

examples  in  history  of  the  application  of  these  laws  in  Cali- 
fornia. Like  all  laws,  and  especially  like  all  Spanish  laws  of 
the  period,  we  shall  find  that  they  were  far  more  exact  in 


1  Hall,  142. 


174  Spanish  Institutions  of  the  Southwest. 

theory  than  in   practice.     Philip  de  Neve  was  governor  of 
Lower  California,  with  a  nominal  supervision  of  Upper  Cali- 
fornia prior  to  the  year  1775,  when  a  royal  order  directed  him 
to  take  up  his  residence  at  'Monterey  as  governor  of  the 
province,  and  required  Rivera,  then  at  Monterey,  to  return  to 
Loreto  to  act  as  lieutenant-governor.^     The  order  was  repeated 
the  following  year,  and  the  change  was  directed  to  be  made  at 
/once.    Philip  de  jSTeve  believed  in  making  permanent  settle- 
/  ments  of  Spanish  people  (gente  de  razon)  in  the  province,  as 
/    the  only  means  of  successfully  holding  the  territory  against 
/     the  encroachments  of  foreign  nations.     He  also  had  the  courage 
I     to  undertake  measures  for  the  encouragement  of  agriculture, 
j     commerce  and  other  industries,  trusting  to  receive  royal  sanc- 
tion for  his  actions.     Having  resolved  to  form  a  pueblo,  he 
proceeded  to  establish  San  Jos6  according  to  law,  and  then 
reported  to  the  Viceroy  what  had  been  done.     The  matter 
was  communicated  in  form  to  the  king  and  received  his  royal 
/►  sanction.^      In  his  communication  to  the  Viceroy  in  1776, 
before  leaving  Loreto,  Neve  had  recommended  the  sowing  of 
certain  fertile  lands  for  the  purpose  of  increasing  government 
supplies.^     After  taking  a  survey  of  Alta  California,  he  con- 
cluded that  his  object  could  only  be  obtained  by  founding  two 
pUeblos,  one  at  Los  Angeles  and  one  at  San  Jos6.     He  there- 
fore asked  the  authorities  for  laborers  and  necessary  supplies 
for  this  purpose ;  but  without  waiting  for  a  reply,  he  took 
nine  soldiers  who  knew  something  about  farming,  and  from 
the  presidio  of  Monterey  five  other  settlers ;  and  with  these, 
proceeding   to  the  Gaudalupe  river,   he  made  an  informal 
settlement  of  San  Jose  in  1777.     Five  years  afterward,  Don 
Pedro  Pages,  then  governor  of  California,  ordered  Don  Jos6 
Moraga,  lieutenant-commander  of  San  Francisco,  to  go  to  San 


^  Bancroft,  California,  I,  307. 

^  The  informal  settlement  was  made  in  1777,  but  the  royal  sanction  of  the 
foundation  was  not  received  until  1781. 
^  Bancroft,  California,  I,  311. 


Spanish  Colonial  Munioipalities.  175 

Jos6,  and  in  accordance  with  the  royal  regulations  to  give  in 
the  name  of  the  king  full  possession  of  the  lands  to  the  nine 
pobladores,  residents  of  San  Jose.^     It  would  seem  from  this,^ 
and  the  method  pursued  in  the  founding  of  Los  Angeles,  that  \ 
it  was  customary  to  consider  the  contract  with   the  settlers    \ 
formally  closed  after  five  years  of  occupancy,  and  the  settlers     | 
then  went  into  full  possession  of  their  rights.     At  least,  it     I 
is  so  provided  in  the  lavrs  of  the  Indies.  u^ 

The  commissioner  placed  each  settler  in  formal  and  legal  \ 
possession  of  the  soil,  and  located  all  of  the  public  lands  accord-  j  — "^ 
ing  to  his  best  judgment,  always  complying  with  the  regula-  / 
tions  of  Neve.^  The  commissioner  chose  two  witnesses  and 
proceeding  with  the  nine  settlers  to  the  land,  in  the  presence  of 
all  he  located  each  man's  grant.  Each  title  was  signed  by  the 
two  witnesses  and  the  one  to  whom  the  laud  was  granted,  and 
then  forwarded  to  the  governor  to  sign.^  A  copy  of  the  deed 
was  held  by  the  settler,  and  it  was  properly  recorded  in  the 
register  of  the  city  council  or  "  book  of  colonization."  Each 
colonist  received  one  house  lot  (solar),  and  four  suertes  for 
cultivation.  Soon  after  the  site  for  the  town  had  been  selected 
and  the  land  surveyed,  houses  were  constructed  for  the  colonists. 
They  were  at  first  very  rude,  being  constructed  of  palisades 
or  posts  driven  in  the  ground,  plastered  with  clay,  and  roofed 
with  poles  and  earth  or  with  tiles.  The  rude  structures  were 
not  greatly  improved  for  many  years ;  but  finally  they  gave 
way  to  more  substantial  dwellings  of  adobe.  It  is  difficult  to 
realize,  as  one  walks  the  streets  of  the  magnificent  modern 
town  of  San  Jose,  that  its  first  foundation  was  represented  by 
a  few  inferior  mud-bedaubed  cabins.  After  the  construction 
of  the  houses  for  shelter,  a  dam  was  thrown  across  the  river, 


1  Hall,  25. 

-The  settlement  of  a  colony  by  a  commissioner  resembles  the  Koman 
method  of  sending  out  the  colony  in  charge  of  the  agrimensor  or  of  three 
magistrates.     Livy,  XXXII,  29. 

'  Hall,  26. 


176  Spanish  Institutions  of  the  Southwest. 

and  ditches  were  constructed  for  irrigation.  The  town  was 
situated  on  an  eminence  by  the  river ;  and  near  it  were  laid 
out  the  ejidos,  fifteen  hundred  varas  long  and  seven  hundred 
varas  wide.  On  the  other  side  of  the  river,  a  tract  nineteen 
hundred  and  fifty-eight  varas  long  was  measured  for  realengas 
and  propios. 

The  growth  of  San  Jose  was  very  slow ;  and  for  many  years 
the  town  consisted  of  a  few  scattered  houses  of  settlers,  Avho 
barely  obtained  a  meagre  living  with  the  help  of  the  lands 
and  supplies  generously  granted  them  by  the  government. 
The  town  was  first  located  about  a  mile  and  a  quarter 
north  of  the  old  market  street  plaza  on  which  the  City 
Hall  now  stands.  The  old  town  was  located  on  the  Alviso 
road,  or  First  street,  where  it  crosses  the  first  bridge  on  the 
outskirts  of  the  present  town.^  As  the  Santa  Clara  Mission 
was  located  at  that  time  somewhat  east  from  the  present  sit- 
uation of  the  old  mission  church,  which  now  stands  within  the 
precincts  of  the  Santa  Clara  College,  the  pueblo  and  the  mis- 
sion were  not  far  apart ;  and  the  latter  was  very  nearly  west 
of  the  former.  The  proximity  of  the  mission  to  the  town 
gave  rise  to  much  contention,  and  the  governor  concluded  that 
the  respective  properties  of  the  two  settlements  were  too  near 
each  other.  Another  more  potent  reason  for  the  change  of 
site  was  that  the  town-site  was  located  on  low  ground,  and 
consequently  was  subject  to  frequent  floods.  In  the  winter  of 
1778—9,  water  stood  nearly  three  feet  deep  in  the  houses  of 
the  Santa  Clara  Mission,  and  in  the  new  pueblo.^  Direct 
communication  was  cut  off  between  the  mission  and  the 
pueblo,  and  a  circuitous  path  of  three  leagues  was  the  only 
safe  route  between  the  two  places.  The  Indians,  being  better 
acquainted  with  the  ground  than  the  settlers,  took  the  oppor- 
tunity to  commit  depredations.  To  be  relieved  from  the  evil 
effects  of  a  life  on  this  low,  marshy  ground,  the  colonists 
petitioned  the  governor  to  remove  the  pueblo  farther  south 

^  Hall,  History  of  San  Jose,  46.  -  Hall,  San  Jose,  46. 


Spanish  Colonial  Municl'palities.  177 

to  higher  groiiDcls.  After  the  manner  of  Spanish  administra- 
tion, the  governor  forwarded  the  petition  to  the  Comandante- 
General  of  the  Intendencia  at  Arispe,  Sonora.  So  grave  a 
matter  had  to  receive  due  consideration,  and  the  Comandante- 
General  referred  the  case  to  the  king's  attorney,  who,  it  seems, 
gave  advice  for  the  removal.  Consequently,  nearly  two  years 
after  the  petition  was  first  presented,  the  Comandaute-General 
transmitted  to  the  Governor  a  decree  authorizing  the  settlers 
to  remove  to  the  "  adjacent  loma,  (little  hill)  selected  by  them, 
as  more  useful  and  advantageous,  without  changing  or  altering 
for  this  reason,  the  limits  and  boundaries  of  the  territory  or 
district  assigned  to  said  settlement,  and  to  the  neighboring 
Mission  of  Santa  Clara,  as  there  is  no  just  cause  why  the  latter 
should  attempt  to  appropriate  to  herself  that  land."  ^  The 
new  site  was  within  the  limits  of  the  pueblo  lands,  on  higher 
ground,  and  in  better  communication  with  the  mission.  The 
change  was  not  made,  however,  at  that  time ;  and  we  find  that 
the  subject  was  under  discussion  again  in  1797,  and  it  is  sup- 
posed that  the  pueblo  was  removed  to  its  present  situation 
during  that  year.  After  the  removal,  there  sprang  up  between 
the  missionaries  and  the  colonists  a  great  controversy,  pertaining 
to  the  ownership  of  a  tract  of  laud,  lying  between  the  property 
now  known  as  the  "  Cook  place  "  on  the  northwest,  and  the 
Guadalupe  river  on  the  southeast.  Both  parties  claimed  the 
territory,  and  after  a  long  controversy  and  investigation,  the 
Guadalupe  was  fixed  as  the  boundary  between  the  pueblo  and 
the  mission. 

The  extent  of  the  pueblo  lauds  of  San  Jose  was  greater  by 
far  than  the  law  allowed ;  greatly  exceeding  four  square  leagues, 
as  fixed  by  the  law  of  the  Indies,  and  confirmed  by  subse- 
quent decrees.  It  seems  that  the  boundaries  of  the  public 
lands  or  ejidos  belonging  to  the  city,  as  well  as  those  known 
as  realengas,  were  never  definitely  fixed ;  or,  if  definitely  fixed, 
the  land-marks  were  lost.    Consequently  we  find  that  the  citi- 

1  Quoted  by  Hall,  San  Jose,  47,  48. 

12 


178  Spanish  Institutions  of  the  Southwest. 

zens  of  the  pueblo  continued  to  use  a  wide  extent  of  laud  beyond 
the  confines  of  the  town,  occupying  or  renting  it  for  culti- 
vation or  pasturage,  until  the  land  used  and  claimed  by  the 
pueblo  covered  not  less  than  twenty-five  square  leagues.^ 
Without  doubt,  many  lots  were  temporarily  occupied  for 
cultivation,  without  any  title  to  the  land.  Permission  was 
given  to  use  lands  for  pasturage,  a  small  rent  being  collected ; 
and  there  were  some  special  grants  outside  of  the  regular 
pueblo  limits.  In  1837,  a  survey  of  the  pueblo  was  made  by 
commissioners  appointed  by  the  ayuntamiento  (town  council), 
by  the  direction  and  consent  of  the  governor.  The  commis- 
sion proceeded  upon  the  basis  of  the  ancient  pueblo ;  but 
acknowledged  that  only  the  northwest  by  west  line  had  monu- 
ments upon  it.  Consequently,  it  was  concluded  by  the  com- 
mission that  it  remained  to  be  shown  how  much  land  should 
be  allowed  to  sitios,  and  how  much  set  apart  for  ejidos  and 
proprios  (reservations);  in  other  words,  that  the  size  of  the 
pueblo  should  conform  to  the  needs  and  prosperity  of  the 
community.  It  was  further  urged  that  they  ought  "to  care- 
fully guard  against  any  want  of  accommodation  or  conveniences 
for  the  raising  of  cattle,  which  had  become  important  to  trade 
and  the  subsistence  of  families."  ^  The  plan  was  to  observe 
the  ancient  boundaries  as  far  as  they  could  be  discovered,  and 
to  expand  the  town  according  to  the  needs  of  the  people  living 
in  the  town.  It  was  further  decided  that  private  lands  within 
the  boundaries  of  the  town  must  pay  a  tax  for  the  support  of 
the  town.  The  holders  of  laud  within  the  prescribed  area 
would  continue  to  hold  the  land  until  the  government  should 
decide  respecting  private  rights.  The  survey  included  a  tract 
of  land,  with  an  east  and  west  line  measuring  about  eleven 
and  one-half  leagues,  and  with  a  north  and  south  line  of  about 


^  The  Mexican  league  was  the  same  as  the  old  Spanish  league  of  5000 
varas  of  about  33j  inches  each.  This  would  make  the  area  of  the  pueblo 
lands  about  171  sq.  mi.  in  English  measure. 

2  Hall,  129. 


Spanish  Colonial  Municipalities.  179 

two  and  one-fifth  leagues.    The  area  of  the  pueblo  was  at  least 
twenty-five  square  leagues. 

The  report  of  the  commission  was  recommended  by  the 
ayuntamiento,  but  the  government  failed  to  act  upon  it. 
However,  it  became  the  basis  of  the  United  States  survey  of 
the  San  Jos§  Pueblo  lands,  made  in  186G  by  George  H. 
Thompson.  In  1847,  there  was  a  considerable  immigration 
of  Americans  to  San  Jose,  which  made  it  necessary  to  reduce 
the  chaotic  town  into  some  systematic  order  with  carefully 
defined  limits.  There  were  no  roads  or  streets  laid  out  by 
any  method,  but  only  crooked  cow-paths,  wandering  from  one 
house  to  another  of  the  straggling  village.  A  survey  was 
made  of  the  town  and  all  streets  and  village  lots  were  located. 
In  the  following  year  a  re-survey  was  made,  and  the  St.  James 
and  the  Washington  squares  were  located.  Subsequent  sur- 
veys were  made,  and  the  city  boundaries  were  enlarged  from 
time  to  time.  In  1851,  the  United  States  passed  an  act  con- 
firming to  all  towns  in  existence  prior  to  1846,  the  rights  to 
the  lands  within  the  boundaries  of  the  pueblo  surveys.  This 
led  to  other  surveys  and  to  a  long  litigation  between  the  city  and 
the  land  companies,  the  history  of  which  will  not  be  given 
here.  It  is  sufficient  to  say  that  the  city  of  San  Jos6,  after 
many  decisions  and  reversals,  finally  obtained  the  right  and 
title  to  the  lands  in  dispute. 

The  social  development  of  San  Jose  Avas  of  necessity  slow. 
For  many  years  the  inhabitants  went  on  Sunday  to  the  mis- 
sion, about  three  miles  distant,  to  worship  and  to  say  mass. 
Worship  was  well  practiced  by  the  people,  although  they  were 
obliged  to  go  a  long  way  to  attend  church.  In  1803,  for  the 
sake  of  convenience,  a  church  was  built  at  San  Jose.  The 
church  was  dedicated  on  the  twelfth  of  July,  near  the  present 
site  of  the  Catholic  Cathedral.  This  chapel  remained  until 
1835.  It  was  of  very  simple  construction,  being  made  of 
adobe  and  roofed  with  tiles.  A  council  house  (juzgado)  was 
built  in  1798.  It  also  was  of  simple  structure,  and  remained 
until  1850,  in  which  year  it  was  torn  down.     Schools  were 


180  Spanish  Institutions  of  the  Southwest. 

established  as  early  as  the  year  1811,  and  subsequently  some 
progress  in  learning  was  made.  There  are  many  interesting 
things  in  connection  with  the  early  history  of  San  Jos6,  of 
the  Santa  Clara  Mission,  and  of  the  San  Jose  Mission  founded  at 
a  later  date;  but  for  the  present  they  will  be  passed  by.  The 
earliest  settlements  in  Los  Angeles  county  were  the  missions 
of  San  Gabriel  and  San  Juan  Capistrano;  the  former  founded 
in  1771,  and  the  latter  in  1776.  These  missions  soon  became 
flourishing  settlements  of  the  native  population.  Their  flocks 
and  herds  soon  covered  nearly  the  entire  county.  In  1797, 
another  mission,  San  Fernando,  was  added  to  the  list.  In 
1802,  the  three  missions  had  gathered  within  their  walls  2674 
converts;  and  in  1831,  the  number  was  over  four  thousand. 
By  the  labors  of  the  Indians,  superintended  by  the  missionaries, 
large  tracts  of  land  were  reduced  to  a  state  of  cultivation. 
Orchards  and  vineyards  were  planted ;  wheat,  barley,  and  corn 
were  cultivated  to  a  considerable  extent.  This  was  the  early 
pioneer  work  of  the  county.  The  construction  of  buildings, 
the  breaking  of  a  virgin  soil,  the  cultivation  of  the  cereals  and 
fruits,  the  rearing  of  large  herds  of  domestic  animals,  and  the 
domestication  and  instruction  of  barbarous  Indian  tribes,  are 
the  first  results  of  the  early  civilization  in  California. 

The  town  of  Los  Angeles  was  founded  in  1781,  according 
to  the  instructions  of  Philip  de  Neve.  In  general,  the  in- 
structions followed  the  principal  regulations  set  forth  in  1777, 
and  sanctioned  by  the  king  in  1781 ;  but  in  a  few  particulars 
the  details  of  founding  a  pueblo  are  set  forth  more  clearly 
than  in  the  general  law.  The  town  was  located  with  regard 
to  the  facilities  offered  for  irrigation  of  the  sowing  lands 
(suertes).  After  the  sites  for  the  dam  and  the  irrigation  ditch 
had  been  selected,  the  location  of  the  town  was  fixed  on  higher 
ground,  about  two  hundred  varas  distant  from  the  dam.  The 
plaza  of  the  pueblo,  measuring  about  two  hundred  by  three 
hundred  feet,  was  laid  out  with  its  corners  toward  the  cardinal 
points  of  the  compass,  and  three  streets  running  perpendicu- 


Spanish  Colonial  Municipalities. 


181 


larly  from  each  of  the  four  sides.^  The  dimeusions  of  the 
solares,  or  house  lots  were  twenty  by  thirty  varas,  and  these 
solares  were  to  be  equal  in  number  to  the  available  merles 


FK4. 


0L_r      N      HiJo 


G  •■ 


F  ^ 


E    H 

D  •- 
c!b]b]a1 


N     P     N 


UJ 


L 

V 

G 

J 

K 

M 

H 

D 

E 

Map  of  Los  Angeles,  1786. 

Bancroft,  California,  I,  348. 
A  =  Guard  House.  C  =  Trozo  del  posito. 

B  =  Town  Houses.  D,  E,  F,  etc.  =  Town  Lots  (solares). 

L,  F,  G,  H,  etc.  =  Saertes. 
The  map  of  the  pueblo  (P)  is  a  scale  five  times  greater  than  that  of  the  fields  (L,  F, 
G,  etc.). 


^  Bancroft,  California,  I.,  3-45 ;    the  dimensions  of  the  plaza  are  usually 
given  as  100  x  75  varas,  cf.  Bancroft,  who  gives  200  x  300  ft. 


182  Spanish  Institutions  of  the  Southwest. 

of  irrigable  ground.     The  east  side  of  the  plaza  was  reserved 
for  the  public  buildings.     On  the  opposite  side  of 
realengas  were  lajd  off,  extending  rather 

re  remarkable  featuresoT^the  settlement  of  Los  Angeles  is 
found  in  the  fact  that  the  settlers  were  all  treated  alike  in  the 
apportionment  of  lands,  as  respects  the  amount  of  land ;  but  to 
settle  the  position  of  lands,  they  drew  lots,  in  accordancejy 
m_ancient  lawJ.^^^'TTrmany  years  tlie  recor3s"^f"tfaE"pueblo  of 

)s  Angeles  are  very  meagre.  Nor  is  this  surprising  when 
the  character  of  the  settlers  is  considered.  There  were  enlisted 
under  contract,  "  twelve  settlers  and  their  families,  forty-six 
persons  in  all,  whose  names  are  given,  and  whose  blood  was  a 
strange  mixture  of  Indian  and  negro  with  here  and  there  a 
trace  of  Spanish."^  It  is  indeed  surprising  that  there  could 
have  been  an  effective  settlement  at  all,  with  such  diverse 
elements.  However,  the  majority  of  the  colonists  went  to 
work,  and  soon  mud-roofed  houses  were  built,  which  served 
as  a  protection  while  they  engaged  in  the  construction  of  the 
dam  and  the  irrigating  ditch.  By  ]  784  the  temporary  dwell- 
ings had  been  replaced  by  substantial  adobe  houses,  public 
buildings  had  been  completed,  and  the  foundation  of  a  church 
laid.  Meanwhile  there  had  been  some  changes  in  the  settlers. 
Two  of  the  contracting  settlers  never  entered  upon  their  pos- 
sessions, five  were  sent  away  on  account  of  their  idle  habits, 
and  four  new  ones  were  admitted. 

The  formal  distribution  of  lands  did  not  occur  until  1786, 
five  years  after  the  first  settlement.  At  this  time  Governor 
Fages  appointed  Alferez  Jos6  Argiiello  commissioner,  who 
proceeded  to  confer  upon  the  colonists  the  full  right  and  title 
to  the  lands.  He  appointed  two  witnesses,  and  "  summoned 
each  of  the  nine  settlers  in  succession,  and  in  the  presence  of 
all  granted,  first  the  house  lots,  and  then  the  four  fields,  and 
finally  the  branding-iron  by  which  his  stock  was  to  be  distin- 
.  guished  from  that  of  his  neighbors."  ^     A  separate  document 

'  Becopilacion,  IV,  vii,  7,  13,  14. 

2  California,  I,  345.  3  Bancroft,  California,  T,  347. 


Spanish  Colonial  Municipalities.  183 

was  drawn  for  each  grant  (twenty-seven  documents  in  all) ;  and 
the  nature  of  the  grant  and  the  conditions  under  which  the 
pobladores  received  it  were  fully  explained.  Each  colonist 
signed  his  name  to  his  document  by  means  of  a  cross,  as  not 
one  could  write  his  own  name.  The  measurement  of  lands 
was  not  very  specific,  and  the  boundaries  of  the  public  lands 
were  not  definitely  fixed.  Definite  boundaries  were  not  neces- 
sary then,  for  land  was  plentiful ;  but  carelessness  in  this 
respect  led  to  much  subsequent  trouble  here  and  elsewhere. 
The  town  was  founded  under  circumstances  very  favorable, 
with  the  exception  of  the  character  of  the  colonists,  who,  even 
though  industrious  enough,  might  not  be  the  best  material  for 
the  settlement  of  an  important  municipality.  The  pueblo 
continued  to  grow  slowly,  until,  in  the  year  1800  nineteen 
years  after  its  foundation,  its  inhabitants  numbered  three  hun- 
dred and  fifteen  persons.  In  1836,  the  number  of  inhabitants 
increased  to  2228,  including  553  domesticated  Indians.  But 
this  latter  number  included  all  of  the  inhabitants  over  whom 
the  pueblo  government  had  jurisdiction,  or  those  of  the  entire 
county  of  Los  Angeles. 

Gradually  there  came  to  live  in  Los  Angeles  a  better  classy 
of  inhabitants,  chiefly  of  old  Castilian  blood,  who  gave  way 
to  the  later  emigration  of  Americans  from  the  Atlantic  states. 
The  town  assumed  some  importance  in  early  times  on  account 
of  its  connection  with  the  trade  with  New  Mexico.  There 
were  many  large  ranches  in  the  vicinity  of  the  town,  and  the' 
whole  valley  was  in  a  fair  state  of  cultivation ;  orchards  and 
vineyards  abounding.  These  and  other  considerations  made 
the  pueblo  a  place  of  much  wealth  and  of  considerable  impor- 
tance. But  its  recent  marvelous  development  far  exceeds  the 
most  favorable  promises  of  the  early  period  of  Spanish  occu-^ 
pation. 

Notwithstanding  the  liberality  and  care  exercised  by  the 
Spanish  government  in  the  foundation  of  colonies,  they  were 
not  prosperous.    They  continued  an  insignificant  existence  for\ 


184  Sjicinish  Institutions  of  the  Southwest. 

The  explorations  of  the  French,  English,  and  Americans  on 
the  Pacific  coast  awakened  renewed  interest  in  the  question 
of  peopling  California  with  Spanish  colonists.  The  sudden 
agitation  of  this  subject  resulted  in  a  determination  to  create 
a  new  settlement  on  an  approved  plan,  and  finally  led  to  the 
founding  of  the  villa  of  Branciforte  on  the  site  of  the  present 
city  of  Santa  Cruz.  It  Was  at  first  decided  that  the  new  villa 
should  be  located  near  San  Francisco ;  but  as  this  spot  was 
described  as  a  bleak,  sandy  place,  without  wood  or  water,  and 
with  a  creek  whose  bed  was  so  low  that  it  would  not  admit  of 
irrigation,  the  proposed  site  was  abandoned.  After  exploring  the 
coast  from  San  Francisco  to  Santa  Cruz,  it  was  finally  decided 
to  locate  the  villa  at  the  latter  place.^  Palou,  during  his  first 
trip  to  Santa  Cruz  had  stated  that  "  this  place  is  not  only  fit 
for  a  town,  but  for  a  city,  without  wanting  any  of  the  things 
necessary."  He  thought  that  the  town  could  be  put  a  quarter 
of  a  league  from  the  sea,  and  have  all  the  advantages  of  good 
land,  good  water,  pasturage,  timber,  and  nearness  to  Monterey. 
The  plan  of  the  town  of  Branciforte  partook  somewhat  of  the 
nature  of  a  presidial  pueblo,  although  the  cultivation  of  the 
soil  and  the  practice  of  industries  were  associated  with  the 
defense  of  the  country.  It  was  to  be  situated  on  the  coast, 
and  resembled  in  design  the  old  Roman  military  town  con- 
structed for  the  defense  of  the  frontier ;  but,  in  real  existence, 
Branciforte  was  but  a  third-rate  pueblo.  An  attempt  was 
made  to  form  a  town  of  a  higher  class  than  those  already 
established  ;  consequently  the  governor  requested  the  Viceroy 
to  send  robust  country  people  from  temjjerate  or  cold  climates 
to  engage  in  farming,  together  with  artisans,  smiths,  carpen- 
ters, stonecutters,  masons,  tailors,  tanners,  shoemakers,  tile- 
makers,  and  sailors.^  The  inducements  held  out  to  the  settlers 
were  very  favorable.    Each  civilian  was  to  receive  one  hundred 


^  There  was  much  prejudice  against  San  Francisco  at  this  time.     It  was 
said  to  be  the  "  worst  place  on  the  coast  for  a  town." 
^  Bancroft,  California,  I,  568. 


Spanish  Colonial  Municijialities.  185 

and  sixteen  dollars  annually  for  two  years,  and  sixty-six  dol- 
lars annually  for  the  remaining  three  years,  besides  a  house,  live 
stock,  and  farming  implements.  Each  soldier  was  to  receive  a 
house,  a  year's  pay,  and  a  supply  of  live  stock  and  farming 
implements.  A  peculiar  feature  of  the  laws  for  the  settlement 
of  Branciforte  was  the  order  to  grant  every  alternate  house  lot 
to  an  Indian  chief,  who,  living  among  citizens,  officers,  and 
soldiers,  would  thus  become  accustomed  to  civilized  life,  and 
lead  his  tribe  to  adopt  the  laws  and  customs  of  gente  de  razon. 
This  is  evidence  that  the  original  plan  of  the  Spaniards  to 
unite  the  two  races  in  the  possession  of  the  soil  had  not  yet 
been  abandoned.  The  greatest  difficulty  in  the  way,  in  this 
particular  instance,  was  that  there  were  no  Indian  chiefs  in 
that  locality. 

The  first  colonists  were  to  come  from  the  surplus  popula- 
tions of  San  Josg  and  Los  Angeles,  and  subsequently  the 
artisans  and  soldiers  were  to  arrive.  The  rules  made  for  the 
government  of  the  colonists  were  very  fine  indeed.  They 
were  enjoined  to  live  in  harmony,  to  refrain  from  drunken- 
ness, gambling,  and  concubinage.^  The  penalty  for  neglect 
to  attend  mass  on  holidays  was  three  hours  in  the  stocks ; 
prayer  with  the  rosary  must  close  the  day's  labor ;  the  annual 
communion  and  confessional  must  be  attended,  and  certificates 
must  be  forwarded  to  the  governor  that  these  requirements 
had  been  met. 

Branciforte  was  founded  in  1797,  but  the  Franciscan  fathers 
had  preceded  the  colonists  by  six  years,  and  had  founded  a 
thriving  mission  on  the  bank  of  the  San  Lorenzo.  It  was  on 
the  25th  day  of  September,  1791,  that  Fathers  Salazar  and 
Lopez  pitched  their  tents  upon  the  present  site  of  Santa  Cruz. 
They  brought  with  them  cows,  oxen,  and  horses  from  Santa 
Clara,  oxen  from  San  Francisco,  and  mules  from  El  Carmelo. 
These  and  other  supplies  for  the  missions  enabled  them  to 
make  a  beginning  of  the  new  settlement.    They  began  at  once 

^  Bancroft,  California,  I,  569. 


186  Spanish  Institutions  of  the  Southwest. 

the  foundations  of  a  new  mission,  and  before  the  year  closed 
ninety-one  Indians  had  received  baptism.  In  1794,  they 
completed  and  dedicated  a  church,  constructed  of  stone  and 
adobe.  Success  attended  their  zeal  and  untiring  energy  in 
the  conversion  of  natives.  Nine  years  after  the  founding  of 
the  mission,  the  neophytes  numbered  four  hundred  and  ninety- 
two;  and  the  production  of  grain  for  the  year  1800  was  four 
thousand  three  hundred  bushels.  The  missionaries  contended 
that  the  new  town  was  encroaching  upon  the  lands  of  the 
mission ;  and  consequently,  as  the  new  settlers  were  not  desir- 
able neighbors,  they  petitioned  to  have  the  town  removed. 
But  no  action  was  taken  respecting  the  petition,  except  that 
the  governor  expressed  the  thought  that  the  town  would  do 
no  harm,  as  there  was  room  enough  for  all. 

The  new  town  was  not  very  prosperous,  and  the  settlers 
were  of  no  great  credit  to  the  country.  They  came,  for  the 
most  part,  from  the  region  of  Guadalajara,  and  were  considered 
an  undesirable  class.  Judging  from  the  instructions  of  the 
governor,  and  the  regulations  of  the  pueblo,  they  were  not  a 
very  good  class,  and  deserved  all  of  the  admonitions  of  the 
authorities  to  care  for  property,  to  avoid  drunkenness  and 
crime,  to  observe  religious  duties,  and  to  live  sober  and  indus- 
trious lives.^  The  first  settlers,  though  mostly  Spaniards, 
were  of  an  inferior  class,  whose  numbers  were  increased  from 
time  to  time  by  invalids  and  discharged  soldiers.  But  here, 
as  elsewhere  in  California,  the  character  of  immigrants  im- 
proved until  the  settlements  were  represented  by  some  of  the 
first  families  of  Spain  and  Mexico. 

It  would  seem  that  these  liberal  inducements  and  fair  pros- 
pects should  have  brought  an  industrious  and  thrifty  class  of 
settlers  to  found  a  thriving  town  ;  but,  with  all  of  this,  the  villa 
was  a  failure ;  and  the  colonists,  if  not  a  criminal  class,  were 
at  least  a  worthless  class.  The  commandaute  Guerra,  writing 
to  Arrillaga,  said  that  "  to  take  a  charitable  view  of  the  sub- 

1  Bancroft,  I,  571. 


^ 


Spanish  Colonial  Municipalities.  187 

ject,  their  absence  '  for  a  couple  of  centuries,  at  a  distance  of  a 
million  leagues/  would  prove  most  beneficial  to  the  province, 
and  redound  to  the  service  of  God  and  the  king."  ^ 

There  were  many  causes  that  brought  about  the  failure  of  the 
civil  colonies  in  California ;  but  none  greater  than  the  character 
of  the  majority  of  the  colonists.  The  class  of  thrifty  pioneers 
seeking  homes,  so  notable  in  the  English  colonies  of  the 
Atlantic  coast,  was  wanting.  Spain  had  a  minimum  of  this 
class,  and  they  were  needed  at  home.  On  the  other  hand,  the 
policy  of  shipping  criminals  to  a  new  country  was  suicidal  to 
the  interests  of  the  colonies  and  to  those  of  the  parent  country. 
The  colonies  on  the  Atlantic  coast  had  common  cause  of  com- 
plaint on  account  of  the  same  practice ;  but  they  were  more 
fortunate  than  the  Spanish  colonies  in  this  respect.  The 
majority  of  the  colonists  of  New  England  came  to  build  homes, 
to  accumulate  property,  to  engage  in  industries,  and  to  establish 
civil  and  religious  liberty.  A  great  purpose  dominated  their 
entire  life  and  controlled  every  adventure.  Without  assistance 
from  the  government,  they  wrought  out  their  own  destiny  by 
the  master-stroke  of  toil ;  they  were  true  founders  and 
builders.  On  the  other  hand,  the  Spanish  colonists  were  given 
lands  upon  which  to  build,  lands  to  till,  live  stock,  tools,  and 
rations,  and  then  paid  a  salary  to  occupy  territory  and  live  a 
life  of  ease  and  laziness.  The  close  proximity  to  the  domes-  \ 
ticated  Indians,  who  could  be  either  hired  or  forced  to  work,  \ 
had  a  tendency  to  degrade  all  labor.  Nearly  all  of  the  labor  | 
was  done  by  the  neophytes,  who  were  given  a  certain  per- 
centage of  the  crops  for  tilling  the  soil,  or  were  hired  from  the 
padres  at  the  missions.  There  were  many  other  difficulties  in 
the  way  of  success :  there  was  no  market  for  produce,  and  but 
little  commerce.  The  general  policy  of  Spain  in  the  treatment 
of  her  colonies  was  detrimental  to  the  best  interests  of  the 
provinces.  The  colonies  were  for  use ;  and  though  recognized 
as  an  integral  part  of  the  kingdom,  there  was  a  continual 

^  Bancroft,  California  II,  155. 


K) 


188  Spanish  Institutions  of  the  Southwest. 

process  of  subordination  of  the  interests  of  the  colonies  to  the 
interests  of  the  home  government.  And  all  of  this  was 
carried  on  with  mistaken  notions  of  advantage.  The  chief 
officers  controlling  the  provinces  were  sent  out  from  Spain  by 
appointment,  and  they  carried  with  them  an  abundance  of 
legislation,  which  always  tended  to  suppress  any  tendency 
toward  freedom  or  self-government.^  The  religious  orders 
were  first  in  the  field,  and  always  zealous  and  aggressive. 
They  monopolized  the  products  of  Indian  toil,  appropriated 
the  best  lands,  and  opposed  the  civic  communities.  Under 
these  circumstances  of  constant  discouragement,  it  is  little 
wonder  that  Spanish  colonization  was  a  disappointment  and  a 
failure. 

The  local  administration  of  the  provinces  was  represented 
by  the  pueblos,  which  were  the  units  of  local  government. 
The  decree  of  Philip  II.  provided  that  the  pobladores  of  the 
colony  should  elect  their  own  magistrates  ;  that  is,  alcaldes  of 
ordinary  jurisdiction,  and  members  of  a  town  council.^  In 
accordance  with  this  act,  Philip  de  Neve,  with  the  approval  of 
Carlos  III.,  provided  that  for  the  good  government  of  the 
pueblos,  the  administration  of  justice,  the  direction  of  public 
works,  the  distribution  of  water  privileges,  and  the  execu- 
tion of  the  regulations  of  the  governor,  they  should  be  fur- 
nished with  ordinary  alcaldes  and  other  municipal  officers  in 
proportion  to  the  number  of  inhabitants.  It  was  provided  in 
this  law  that  the  governor  should  appoint  the  alcaldes  for  the 
first  two  years,  and  for  each  succeeding  year  the  people  should 
elect  their  own  officers.  But  the  regulations  of  local  govern- 
ment in  California  under  Spanish  dominion  are  based  upon  the 
provisions  of  the  Spanish  Constitution  of  March  19, 1812,  and 
the  decrees  of  the  Cortes  in  1812  and  1813.^  These  laws  be- 
came effective  in  the  departmental  and  local  government  of  the 


^  Merivale,  II.  ^Eecopilacion,  V,  III,  12. 

^  Cf.  Moses,  Establishment  of  Municipal  Government  in  San  Francisco,  12 ; 
Hall,  102. 


Spanish  Colonial  Municipalities.  189 

provinces,  but  had  little  authority  in  California  until  after  the 
Mexican  revolution.  It  was  enacted  that  every  pueblo  should 
be  governed  by  an  ayuntamiento,  composed  of  alcaldes,  regi- 
dores,  and  syndicos  (city  attorneys);  and  that  the  alcalde  should 
be  president  of  the  council,  or,  if  there  were  more  than  one 
alcalde,  the  first  one  elected  should  be  president.  Every  town, 
of  at  least  one  thousand  souls,  had  to  establish  an  ayuntamiento. 
Each  year,  in  the  month  of  December,  the  citizens  of  the  pu- 
eblo were  to  meet  and  choose  electors,  who  should,  in  the  same 
month,  elect  the  recpiisite  number  of  officers.  The  duties  of 
the  ayuntaraieutos  were  clearly  specified.  Among  other  things, 
they  were  to  care  for  the  comfort  and  health  of  the  people, 
provide  for  raising  taxes,  for  charities,  public  highways,  the 
encouragement  of  agriculture,  trade,  and  other  industries ;  in 
fact,  they  were  to  attend  to  all  of  the  "politico-economic" 
afiPairs  of  the  town.^ 

The  decrees  of  the  Cortes  gave  more  specific  directions  for 
the  municipal  administration.  The  ayuntamiento  was  com- 
posed, in  its  simplest  form,  of  one  alcalde,  who  was  mayor  and 
president  of  the  council,  and  a  limited  number  of  councilmen. 
Section  four  of  the  decree  of  1812  asserts  that  "  there  shall  be 
one  alcalde,  two  regidores,  and  one  procu7'ado7'-syndico  (city 
attorney),  in  all  towns  which  do  not  have  more  than  two 
hundred  inhabitants  ; "  in  towns  having  more  than  two  hundred 
and  less  than  five  hundred  inhabitants,  the  number  of  regidores 
(councilmen)  shall  be  increased  to  four;  in  towns  having 
above  five  hundred  and  less  than  one  thousand,  there  shall  be 
six  councilmen ;  in  towns  having  over  one  and  less  than  four 
thousand  inhabitants,  there  shall  be  two  alcaldes,  eight  council- 
men,  and  one  procurador-syndico -,  and  in  the  larger  towns,  the 
number  of  regidores  shall  be  increased  to  twelve.  In  the 
capitals  of  the  provinces  there  must  be  at  least  twelve  regidores; 
and  should  these  towns  possess  over  ten  thousand  inhabitants, 


'  Schubert,  Verfassungs  urkunden,  II,  44  et  seq. 


190  Spanish  Institutions  of  the  Southwest. 

the  number  of  regidores  must  be  sixteen/  The  official  term  of 
an  alcalde  was  one  year,  the  time  fixed  by  Philip  II.  The 
term  of  the  city  attorney  was  the  same,  and  that  of  the  couu- 
cilmen  was  two  years.^ 

The  electors  chosen  by  the  people  to  elect  the  town  officers 
were  appointed  as  follows :  Towns  having  less  than  one 
thousand  people  were  entitled  to  nine  electors ;  those  having 
more  than  one  and  less  than  five  thousand  were  entitled 
to  sixteen ;  and  those  having  more  than  five  thousand  were 
entitled  to  twenty-five  electors.  To  avoid  confusion  which 
might  occur  in  a  large  town  or  in  sparsely  settled  districts,  it 
was  decreed,  that  each  parish  might  constitute  an  electoral 
district,  and  choose  the  number  of  electors  to  which  it  was 
entitled  according  to  the  population ;  each  parish,  unless  it 
contained  less  than  fifty  inhabitants  was  entitled  to  at  least  one 
elector.^  Small  towns,  having  less  than  one  thousand  inhab- 
itants, and  in  need  of  town  councils,  might  apply  to  the 
Deputation  of  the  Province,  which  might  in  turn  apply  to  the 
governor  for  permission  to  establish  an  ayuntamiento ;  and 
all  other  towns  must  attach  themselves  to  the  nearest  ayunta- 
miento, or  to  the  one  to  which  they  previously  belonged. 
Thus  the  pueblo  system  formed  a  complete  local  government. 

The  above  laws  remained  in  force  until  repealed  in  1850. 
However,  changes  were  made  in  regard  to  the  basis  of  popula- 
tion, and  also,  in  1837,  in  regard  to  the  general  provincial  regu- 
lations of  towns.  This  law  of  1837  provided  that,  "  the  capital 
of  the  department,  ports  with  a  population  of  four  thousand 
inhabitants,  interior  towns  of  eight  thousand  inhabitants,  towns 
which  had  ayuntamientos  previous  to  1808,  and  those  to  whom 
the  right  is  given  by  special  law,  shall  be  entitled  to  ayuntamien- 
tos or  town  councils."  *     The  number  of  town  officers  was  to  be 


1  Section  3,  decree  of  1812;  Hall,  103. 

-Moses,  13.  ■'Moses,  12. 

"*  Sec.  5,  Art,  I ;    Debates  in  the  Convention  of  California,  Appendix  V, 
Art.  III. 


Spanish  Colonial  Municipalities.  191 

determined  by  the  departmental  legislation  acting  in  concert 
with  the  governor;  but  the  number  of  alcaldes,  regidores,  and 
sindicos,  could  not  exceed  six,  twelve,  and  two  respectively.^ 

The  chief  results  of  the  laws  of  1837  were  to  strengthen  the 
central  government,  and  to  detract  from  the  powers  of  the  local 
government.  The  province  was  managed  by  a  governor,  a 
department  legislature,  prefects,  sub-prefects,  ayuntamientos, 
alcaldes,  and  justices  of  the  peace.  The  ayuntamientos  were 
responsible  to  the  sub-prefects,  the  sub-prefects  to  the  prefects, 
and  the  latter  to  the  governor ;  and  they  had  charge  of  the 
police,  health,  comfort,  ornament,  order,  and  security  of  their 
respective  jurisdictions.  Their  duties  were  carefully  specified. 
They  were  to  supervise  the  food  and  liquor,  to  insure  its  good 
quality,  to  care  for  drainage,  hospitals,  prisons,  and  the  like. 

The  duties  of  the  alcalde  in  California  were  multifarious,^ 
although  he  was  of  more  importance  in  old  Spain,  where  he 
was  the  chief  officer  of  the  local  government.  But  in  Califor- 
nia he  was  arbiter  of  disputes,  and  was  in  duty  bound  to  settle 
difficulties,  and  to  prevent,  if  possible,  cases  coming  into  court.^ 
His  function  was  judicial,  in  that  he  tried  cases  which  were 
subject  to  appeal  to  the  royal  audiencias.  His  duty  was  also 
administrative,  as  he  executed  the  decrees  of  the  governor. 
Sitting  at  the  head  of  the  council,  he  had  to  do  with  the  poli- 
tics and  economics  of  the  town ;  and  in  addition  he  combined 
the  function  of  police  judge  with  those  of  policeman  and 
constable.^ 


*  Section  5,  Art,  III. 

=  Cf.  3Iining  Camps,  Chas.  H.  Shinn,  83,  104. 

^  Mecopilacion,  V,  III,  1,  2. 


CHAPTER  IX. 

Presidios  and  Presidial  Towns. 

To  protect  settlers  against  the  attacks  of  Indians,  and  to 
secure  permanently  the  country  against  foreign  invasion,  it 
was  the  policy  of  Spain  to  extend  a  line  of  forts  along  the 
frontiers  of  remote  provinces.  These  forts  were  called  presi- 
dios after  the  Latin  term  presidium,  meaning  a  garrisoned  town 
or  fortress.  As  the  Latin  word  has  changed  into  a  Romance,  so 
the  Roman  presidium  has  become  the  Spanish  presidio.  The 
design  of  the  presidio  was  the  same  as  that  of  the  Roman  pre- 
sidium ;  and  the  method  of  establishing  a  line  of  presidios  to 
protect  the  frontier  was  similar  to  that  employed  by  the  Romans 
in  the  protection  of  the  empire,  and  analogous  to  the  lines  of 
castles  (hence  the  name  Castile)  established  by  Spain  during  the 
conquest,  for  protection  against  the  Arab-Moors.  But  the 
part  which  Christianity  played  in  the  settlement  of  the  terri- 
tory and  in  the  civilization  of  the  Indians  introduces  an 
entirely  new  element  into  the  colonial  system  of  Spain.  The 
employment  of  the  religious  orders  in  a  "  spiritual  conquest " 
of  the  country  necessitated  the  establishment  of  garrisons  for 
their  protection.  The  conquest  of  the  aborigines  of  America 
was  complete;  for  the  Spaniard  brooked  no  opposition  and 
tolerated  no  institutions  of  the  native  race,  all  of  which  he 
considered  unworthy  of  preservation.  As  soon  as  possible  the 
natives  were  to  be  taught  the  language,  religion,  laws,  and  the 
habits  and  customs  of  civilized  life.  The  conquerors  recog- 
nized no  religion  but  their  own,  no  rights  and  privileges  of 
local  government ;  but  demanded  an  entire  transformation  of 
192 


Presidios  and  Presidial  Towns.  193 

everything  that  pertained  to  the  life  of  the  barbarians.  Conse- 
quently, "spiritual  conquest"  meant  complete  subjugation  or 
final  extermination.  The  nations  which  the  Romans  conquered 
were  somewhat  farther  advanced  in  civilization  than  the  tribes 
of  the  New  World  ;  but  the  Roman  plan  of  treating  a  newly 
acquired  territory  differed  from  the  method  adopted  by  the 
Spaniards.  AVhile,  in  colonization  and  conquest,  Rome  held 
the  imperium,  great  respect  was  shown  for  the  local  institu- 
tions of  the  conquered,  where  they  did  not  interfere  with 
the  central  authority.  Therefore  the  religion  and  the  customs 
of  the  conquered  were  frequently  allowed  to  remain  until 
absorbed  by  the  higher  civilization  which  the  conquerors 
introduced. 

In  respect  to  the  growth  of  the  town  around  the  fortress, 
the  conditions  of  Spain  were  analogous  to  those  of  Rome. 
Around  the  presidio  were  located  the  traders,  the  families  of 
the  soldiers,  and  numerous  settlers,  who  combined  to  form  a 
community  ;  and  this,  together  with  the  garrison,  formed  the 
military  town.  These  garrisons,  located  in  every  province  of 
Spain,  were  the  germs  of  towns  which  in  later  times  fre- 
quently developed  into  thriving  cities.  As  the  missions  were 
established  in  the  Californias,  presidios  Avere  located  by  their 
sides  to  guard  the  missions  and  to  protect  the  entire  interests 
of  the  country.  From  the  presidios  two  soldiers  were  sent 
to  each  mission,  to  protect  the  padres  against  the  natives. 

The  early  government  of  the  province  of  California  was  of 
a  military  character.  The  governor  was  the  chief  executive 
officer,  and  his  superior  w^as  the  viceroy  of  Mexico.  The 
province  was  divided  into  military  districts  with  a  presidio 
in  each  district,  over  which  the  commandant  of  the  presidio 
had  jurisdiction.  In  the  management  of  local  affairs,  the 
commandant  of  the  pueblo  exercised  great  authority ;  even  to 
the  extent  of  appointing  the  alcaldes  for  the  civic  towns, 
allotting  lands  to  settlers,  and  enforcing  all  of  the  general 
regulations  of  local  government.  But  the  commandant  was 
always  subject  to  the  governor,  who  was  at  the  head  of  the 
13 


194  Spanish  Institutions  of  the  Southwest. 

military  organization.  Of  the  three  powers,  the  ecclesiastical, 
the  political,  and  the  military,  the  last  had  the  highest  authority 
in  the  government  of  the  province.  In  the  actual  develop- 
ment of  the  country,  however,  the  political  and  ecclesiastical 
powers  greatly  exceeded  the  military. 

The  first  presidios,  like  the  first  missions,  were  usually  tem- 
porary structures,  but  were  improved  from  time  to  time.  The 
Spanish  law  respecting  the  plans  of  the  presidios  was  very 
precise.  It  provided  for  a  uniform  method  of  procedure, 
but  the  slow  movement  of  Spanish  administration  permitted 
one  portion  of  a  fortress  to  decay  while  another  part  was  being 
built.^  The  presidios,  as  a  rule,  were  composed  of  barracks  for 
the  soldiers,  necessary  public  buildings,  and  a  half-finished  or 
half-decayed  castilla,  where  a  few  cannon  were  mounted.  In 
most  instances,  the  buildings  were  in  a  poor  state  of  repair,  and 
the  soldiers  poorly  clothed  and  poorly  equipped.  Duflot  de 
Mofras  has  given  in  his  terse  though  graphic  style  a  general 
description  of  the  presidios.  He  says,  "  All  of  the  presidios 
were  established  on  the  same  plan.  Choosing  a  favorable 
place,  they  surrounded  it  with  a  ditch  twelve  feet  wide  and 
six  feet  deep ;  the  earth  of  the  ditch  served  as  an  out-work. 
The  enclosure  of  a  pueblo  was  formed  of  a  quadrilateral,  six 
hundred  feet  square.  The  rampart,  built  of  brick,  was  twelve 
to  fifteen  feet  high  by  three  in  thickness ;  small  bastions 
flanked  the  angles.  Its  armament  consisted  of  eight  bronze 
cannon ;  eight,  twelve,  and  sixteen  pounders. 

"  Although  incapable  of  resisting  an  attack  of  ships  of  war, 
these  fortifications  were  sufficient  to  repel  the  incursions  of  the 
Indians.  Not  far  from  the  presidios,  according  to  the  topo- 
graphy of  the  land,  was  an  open  battery,  pompously  styled 
the  castle ;  within  the  enclosure  of  the  presidio  were  the  church, 
the  quarters  of  the  officers  and  soldiers,  the  houses  of  the 
colonists,  store-houses,  workshops,  wells  and  cisterns.  Out- 
side were  grouped  some  houses,  and  at  a  little  distance  was  the 

^  Vancouver,  11,  318. 


Presidios  and  Presidial  Tovms.  195 

king's  farm  (El  rancho  del  Key),  which  furnished  pasturage 
to  the  horses  and  beasts  of  burden  of  the  garrison."^ 

The  soldiers  who  formed  the  garrisons  of  New  Spain  were 
dressed  in  a  quaint  uniform,  the  description  of  which  brings 
to  mind  the  age  of  the  decadence  of  chivalry.     Besides  their 
ordinary  cloth  uniform,  they  wore  a  suit  of  buckskin  like  a 
coat  of  mail,  which  descended  to  their  feet  and  was  impenetra- 
ble to  the  arrows  of  the  Indians.     "  They  wore  the  uniform 
only  while  in  the  field,  and  at  the  moment  of  combat,  with  a 
double  visored  helmet ;  a  leathern  buckler  worn  on  the  left 
arm  served  to  ward  off  arrows  and  thrusts  of  the  lance  in  sin- 
gle combat.     But  while  they  defended  themselves  with  the 
sabre  and  the  lance,  they  could  use  neither  their  pistols  nor 
their  muskets.     Their  horses,   like  those  of  the  chivalrous 
knights  of  old,  were  covered  with  a  leathern  armor."  ^     In  this 
Quixotic  equipment,  these  brave  knights  of  the  cross  sallied 
forth  to  pursue  a  few  spiritless  and  unwarlike  Indians,  who 
had  been  stealing  from  the  mission  or  the  pueblos.     All  of  the 
travelers  who  visited  the  coast  of  California,  including  Van- 
couver, Mofras,  La  Perouse,  Dana,  and  others,  speak  of  the 
weakness  of  the  coast  defences,  and  of  the  dress  and  equipment 
of  the  soldiers.    But  these  travelers  never  fail  to  speak  also  of 
the  courtesy  and  hospitality  of  the  Spaniards.    True,  the  soldiers 
were  usually  an  idle  class,  but  there  was  no  necessity  for  severe 
toil.     Here,  as  elsewhere  in  California,  there  was  no  need  of 
haste,  and  the  inhabitants  took  their  own  time  for  the  accom- 
plishment of  a  set  task.     What  matter  if  a  year,  or  even  two 
years  glided  idly  by  in  this  land  of  sunshine  and  ease,  where 
time  records  were  scarcely  kept,  and  where  progress  was  so 
slow  that  change  seemed  impossible.     The  erection  of  build- 
ings, the  necessary  attention  to  herds  and  flocks,  and  the 
cultivation  of  the  soil  frequently  fell  to  the  lot  of  the  soldiers  ; 
but  they  soon  learned  to  employ  the  neophytes  for  every  ser- 


1  Eugene  Duflot  de  Mofras,  II,  276.     See  figure  4. 
*  Duflot  de  Mofras,  II,  276. 


196  Spanish  Institutions  of  the  Southioest. 

vice  except  military  duty.  This  duty  involved  occasional 
exploring  expeditions,  bear  hunts,  the  recapture  and  punish- 
ment of  run-away  neophytes,  and  the  care  of  the  government 
property.  It  was  necessary  to  give  some  attention  to  the  stock 
on  the  king's  farm,  and  the  soldiers  occasionally  spent  some 
time  in  the  supervision  of  this;  provided  that  they  could 
do  so  without  dismounting  from  the  saddle. 

The  king's  farm,  referred  to  above,  was  a  tract  of  land 
situated  outside  of  the  four-league  grant  of  the  presidial  pueb- 
los. It  was  used  chiefly  for  the  pasturage  of  horses  and  stock 
belonging  to  the  fort ;  but  it  was  to  be  perpetually  held  as 
royal  land.  The  rancho  del  rey  of  Monterey  was  located  at 
some  distance  from  the  fort  in  the  fertile  valley  of  the  Salinas, 
in  an  easterly  direction  from  the  town  and  presidio.  A  rancho 
del  7^ey  was  established  at  San  Diego  about  1795,  for  the  pur- 
pose of  rearing  cattle  and  horses,  that  soldiers  might  be 
relieved  from  the  task  of  driving  them  from  the  north.  A 
king's  farm  was  established  in  1777,  at  San  Francisco,  and 
stocked  with  one  hundred  and  fifteen  head  of  cattle.  In 
1791,  the  stock,  then  numbering  twelve  hundred,  was  trans- 
ferred to  Monterey  at  the  request  of  the  padres.^  Eight  years 
thereafter,  the  San  Francisco  rancho  was  re-established,  being 
located  ten  or  twelve  miles  south  of  the  presidio.  Stock 
was  purchased  from  the  neighboring  missions  and  placed 
upon  it.  But  this  did  not  prevent  a  renewal  of  the  old 
complaint  against  encroachment ;  for  the  friars  protested 
vigorously  against  it.  They  claimed  that  all  of  the  land 
was  needed  for  the  pasturage  of  the  mission  herds,  and  that 
Governor  Borica  had  acted  contrary  to  the  king's  wishes  in 
allowing  the  rancho  to  be  located  there.  But  their  protests 
availed  nothing.  The  viceroy,  deciding  with  the  governor, 
ordered  the  rancho  to  be  maintained.  There  is  excellent 
evidence  that  the  fears  of  the  friars  were  groundless ;  for  fer- 
tile grazing  land  was  plentiful.      It  is  a  curious  fact  that 

1  Bancroft,  Cal,  I,  707. 


Presidios  and  Presidial  Towns.  197 

the  friars  assumed  absolute  control  of  all  the  lauds  in  the 
province,  when  in  reality  they  had  no  legal  right  to  a  foot  of 
the  soil.     They  had  located  the  missions  in  the  most  fertile 
valleys  of  the  coast,  and  had  extended  their  claims  as  far  as 
their  flocks  and  herds  could  pasture.     The  land  of  one  mis- 
sion, consequently,  joined  that  of  the  next,  and  their  claims 
covered  a  large  portion  of  the  most  desirable  parts  of  the  coast 
valleys.     Having  obtained  possession  and  developed  power, 
they  were  continually  at  strife  with  the  civil  and  military 
authorities.    The  friars  always  assumed  complete  control  over 
everything  connected  with  colonization,  and  could  tolerate  no 
opposition  to  their  opinions  and  methods.    At  first  they  claimed 
entire  control  of  spiritual  affairs,  and  finally,  as  they  grew 
stronger,  demanded  the  right  of  administering  the  temporal- 
ities.    The  missionaries  opposed  the  free  use  of  the  lands  for 
settlements  by  Spaniards,  and  watched  with  jealous  care  every 
attempt  at  encroachment  by  the  civil  and  military  powers. 
It  is  true  that  the  Spaniards  in .  the  garrisons,  in  the  towns, 
and  on  the  private  ranchos,    were  not    in    sympathy   with 
the  missionaries  in  their  attempts  to  civilize  the   Indians. 
They  thought  the  missions  useful  only  so  far  as  they  assisted 
in  the  preparation  of  the  country  for  the  habitation  of  geiite 
de  razon.     However  indolent  the  Spaniards  might  be,  they 
considered  that  they  had  a  superior  right  to  the  soil,  and  so 
far  as  legal  title  was  concerned,  they  were,  no  doubt,  correct. 
On   the  other   hand,  the   missionaries   magnified  their  own 
work  and  assumed   great   power.     They  also  zealously  de- 
fended  the  supposed  rights   of  the   neophytes.      To   a   cer- 
tain  extent    this  was  necessary;    but   it   must   be  conceded 
that  their  policy  was  narrow  in  the  extreme.     To  assume 
that    the    fairest    portion    of  a    conquered    territory   could 
be   set   apart    for    the    maintainance    of  an    inferior    race, 
which,  prior  to  conquest,  scarcely  held   claim    to   the  land 
by  permanent  occupation,  was  not  in  accordance  with  the 
usage    of   conquering   powers.      A   more    liberal    policy  on 
the  part  of  the  padres  would  have  had  a  tendency  to  invite 


198  Spanish  Institutions  of  the  Southwest. 

the  permanent  settlement  of  a  good  class  of  citizens.  Whereas, 
though  it  was  designed  that  every  presidio  should  develop  into 
a  pueblo,  very  little  attention  was  given  by  the  authorities  to 
carrying  out  the  law  on  the  subject.  The  presidios  remained 
mere  centres  of  military  districts  down  to  the  close  of  the 
eio-hteenth  century.  A  few  inhabitants  had  collected  around 
the  forts,  living  for  the  most  part  outside  of  the  stockade  of 
the  presidios.  Each  presidio  was  entitled  to  four  square 
leagues  of  land,  but  little  care  was  taken  to  locate  the  land  or 
to  give  titles  to  permanent  settlers.  The  first  regulations 
which  might  be  construed  as  a  partial  provision  for  extending 
the  settlements  of  the  presidios  were  given  in  1773,  by 
Bucareli,  Viceroy  of  Mexico,  to  Don  Fernando  Rivera  y 
Moncada,  the  newly  appointed  commandant  of  Monterey  and 
San  Diego.  Bucareli  states  that,  in  order  to  people  the 
country  more  speedily,  he  grants  "  the  commandant  power  to 
designate  common  lands,  and  also  to  distribute  lands  in 
private  to  such  Indians  as  may  most  dedicate  themselves  to 
agriculture  and  the  breeding  of  cattle  ;  for,  having  property  of 
their  own,  the  love  of  it  will  cause  them  to  radicate  more 
firmly."  ^  But  they  must  have  their  residences  in  the  town 
or  mission  to  which  they  have  been  attached.  The  same 
privilege  was  granted  to  colonists.  The  lands  were  to  be 
distributed  according  to  the  merit  and  means  of  labor  of  the 
founders.  Those  accepting  such  grants  were  obliged  to  live 
in  towns,  and  all  grants  had  to  be  in  conformity  to  the  laws 
respecting  the  establishment  of  new  towns.  The  commandant 
was  instructed  to  exercise  care  that  the  new  settlers  should  have 
the  requisite  number  of  arms  for  their  own  defense  and  for  the 
purpose  of  assisting  the  garrisons  of  the  presidios  and  missions. 
It  seems  that  these  instructions  were  somewhat  general  and 
could  apply  equally  well  to  all  kinds  of  pueblos,  whether 
military,  civic,  or  ecclesiastic.  The  last  clause  refers  especi- 
ally to  mission  pueblos,  but  it  may  not  exclude  presidios.     It 

1  Executive  Document  No.  17,  1st  session,  31st  Congress,  p.  133. 


Presidios  and  Presidial  Tovms.  199 

asserts  that  "  when  it  becomes  expedient  to  change  any  mis- 
sion into  a  pueblo,  the  commandant  will  proceed  to  reduce  it 
to  the  civil  and  economical  government  which,  according  to 
the  laws,  is  observed  in  other  pueblos  of  the  kingdom,  giving 
it  a  name  and  declaring  for  its  patron  the  saint  under  whose 
auspices  and  venerable  protection,  the  mission  was  founded."  ^ 
However  comprehensive  this  regulation  might  have  been,  it 
had  little  effect  on  the  growth  of  presidial  towns.  As  no 
specific  laws  existed  for  colonizing  and  for  the  regulation  of 
towns  at  this  time,  except  such  as  were  set  forth  in  the  Laws 
of  the  Indies,  it  is  presumable  that  the  above  law  was  intended 
to  be  provisional  for  all  settlers  in  every  place. 

There  was  another  famous  law  relating  to  presidial  towns, 
which  applied  specifically  to  the  town  of  Pitic,  in  Sonora,  but 
which  is  supposed  to  apply  as  well  to  the  regulations  of 
Branciforte,  San  Francisco,  Santa  Barbara,  and  San  Diego. 
The  general  regulations  were  called  "  the  plan  of  Pitic,"  and 
were  ordered  by  the  king  to  be  observed  throughout  the  com- 
mandancia  in  the  foundation  of  other  towns.^  Prior  to  the 
publication  of  this  plan  for  the  settlement  of  Pitic,  it  appears 
that  a  mission  had  been  founded  at  Guaymas  for  the  purpose 
of  converting  the  Seris  Indians.  But  as  the  Indians  were 
savage  and  warlike,  they  revolted  and  destroyed  the  mission. 
To  protect  the  missions  and  those  Indians  still  remaining  loyal, 
the  presidio  located  at  San  Miguel  de  Orcavitas  was  removed 
to  Pitic.  The  union  of  the  mission  with  the  presidio  formed 
a  presidial  town  with  civil  functions. 

In  these  regulations,  it  was  left  for  the  Governor  to  decide 
whether  the  new  settlement  should  be  city,  town,  or  village ;  and 
the  character  of  the  government  of  the  pueblo  had  to  be  deter- 
mined in  accordance  with  his  decision.    It  was  provided  that  in 


^  Eegulations  of  Bucareli,  article  15. 

^For  references  to  these  regulations,  see  Bancroft,  California,  I.,  610; 
Dwindle,  Colonial  History  of  San  Francisco,  29 ;  California  Archives,  I.,  853 
et  seq. 


200  Spanish  Institutions  of  the  Southwest. 

the  absence  of  a  town  formed  by  contract,  the  pobladores,  or 
colonists  might  form  such  town.  In  this  as  in  many  other 
provisions,  the  laws  of  the  Indies  were  merely  re-written. 
Thus  four  leagues  of  land  were  guaranteed  to  each  town,  (en 
quadro  e  prolongo) ;  and  it  was  provided  that  the  town  should 
be  more  than  five  leagues  from  every  other  town/  There  is 
also  the  re-assertion  of  the  design  of  the  home  government 
respecting  the  amalgamation  of  the  two  races,  in  the  require- 
ment that  the  village  of  Seris  Indians  should  be  removed 
within  the  suburbs  of  the  town.  They  were  to  be  subject  to 
the  same  jurisdiction  and  to  enjoy  the  same  public  and  private 
benefits  as  other  citizens.  The  Indians  retained  the  privilege 
of  choosing  their  own  alcalde  and  regidores.  The  object  of 
these  apparently  beneficent  laws  was  to  inspire  the  natives  with 
a  desire  for  self-government;  since,  previously,  on  account  of 
their  lack  of  intelligence  and  application  as  well  as  on  account 
of  their  indolence,  they  had  no  rights.  Thus  the  Indians  were 
to  dwell  together,  and  one  race  was  to  learn  the  art  of  civil 
government  from  the  other.  On  the  other  hand,  the  presidio 
at  San  Miguel  was  to  be  moved  near  the  settlement  for  the 
protection  of  the  same ;  but  it  was  to  be  under  civil,  not 
military  control.  Thus  the  presidio  was  transformed  into  a 
pueblo.^ 
•  As  soon  as  there  were  thirty  settlers,  it  was  necessary  to 
form  a  town-council  (ayuntamiento),  consisting  of  two  ordinary 
alcaldes,  six  covmcilmen  (regidores),  and  one  mayordomo  de 
proprios?  The  duties  of  the  ayuntamiento  thus  formed  con- 
sisted in  looking  after  the  economic  regulations,  the  police,  and 
the  food  supply  of  the  town.  The  members  of  the  town  coun- 
cil were  at  first  chosen  by  electors  named  by  the  people,  and 
vacancies  were  filled  thereafter  bv  the  council  itself.     The  two 


^  Reeopilaeion,  TV.,  6. 

*  When  the  first  toVn-council  was  formed  in  San  Francisco,  the  pueblo, 
which  had  been  formerly  under  military  authority,  became  a  town  having  a 
civil  administration.     Moses,  18. 

'  The  mayordomo  cared  for  the  public  lands  and  attended  to  their  rental. 


G 
50 

n 

X 

> 

> 


Presidios  and  Presidial  Towns.  201 

alcaldes  acting  conjointly  with  the  first  alcalde,  or  commissioner, 
exercised  royal  jurisdiction  ;  that  is,  ordinary  civil  and  crim- 
inal jurisdiction  in  the  first  instance.  The  decisions  of  this 
court  were  subject  to  appeal  to  the  royal  supreme  court.^ 

The  law  guaranteed  the  tract  of  four  square  leagues  of  land, 
and  all  the  privileges  of  pastures,  woods,  water,  hunting,  stone- 
quarries,  fruit-trees,  and  others,  for  the  common  use  and 
benefit  of  the  Spaniards  and  Indians  residing  therein  or  in 
its  suburbs,  the  village  "  de  los  Seris."  The  natives  and 
founders  were  to  share  equally  in  all  of  the  common  rights  of 
the  citizens.  Provision  was  made  for  the  location  and  dis- 
tribution of  the  town  lots  and  the  cultivable  lands  among  the 
citizens,  according  to  their  needs.  The  pasture  land  (dehisas) 
and  the  commons  (ejidos)  were  guaranteed  their  respective  users.^ 
It  was  further  provided  that  eight  suertes  of  irrigable  land 
should  be  set  aside  as  proprios  to  be  rented,  and  that  the  pro- 
ceeds be  devoted  to  the  payment  of  municipal  expenses  in  lieu 
of  taxes.  The  care  of  the  proprios,  their  rental,  and  their  entire 
administration  devolved  upon  the  mayordomo;  but  the  fields 
had  to  be  sown  the  first  year  by  the  colonists.  The  suertes  were 
to  be  two  hundred  varas  wide  by  four  hundred  varas  long,  and 
the  commissioner  was  to  determine  the  number  to  be  assigned 
to  each  settler,  provided  that  no  one  should  have  over  three 
suertes.  The  settlers  were  to  cast  lots  for  the  choice  of 
position  of  building-lots  and  suertes.^ 

As  in  the  regulations  of  Philip  de  Neve,  certificates  were  to 
be  given  to  each  settler,  and  a  register  was  to  be  kept  for  the 
record  of  titles.  Section  eighteen  provides  that  town  lots 
should  be  distributed  and  granted  in  the  name  of  his  majesty, 
the  king,  to  be  held  perpetually,  for  ever  and  for  ever,  and  by 
right  of  inheritance  for  themselves,  their  children,  and  their 
descendants.     The  grahts  were  made  on  the  express  condition 


'  Cf.  Becopilacion,  V.,  iii.  laws  1  and  2. 
^Becopilacion,  IV.,  vii.,  13,  14;  Cf.  Chapter  VIII. 
^  Recopiladon,  IV,  vii,  11 ;  Plan  of  Pitic,  article  16. 


202  Spanish  Institutions  of  the  Southwest 

that  those  receiving  them  should  keep  arms  and  horses,  and  be 
ready  to  defend  the  country  from  insults  of  enemies  who  might 
commence  hostilities  against  it,  and  to  march  against  the 
enemy  whenever  ordered.  Lands  could  not  be  alienated  nor 
hypothecated,  nor  could  the  holders  subject  them  to  any 
incumbrance  during  a  term  of  four  years  after  entering  upon 
their  possession.  During  this  period  of  four  years,  the  colonists 
must  build  houses  and  reside  in  them  with  their  families.  At 
the  end  of  this  period,  if  all  of  the  legal  requirements  of  the 
grant  had  been  fulfilled,  the  land  might  be  sold,  provided 
that  no  sale  be  made  to  any  ecclesiastic  community,  church, 
or  monastery.  A  very  essential  law  was  established  respect- 
ing irrigation.  In  every  colony  founded  by  Spain  on  the 
Pacific  Coast,  irrigation  was  almost  a  necessity  for  the  proper 
cultivation  of  the  soil.  It  was  therefore  essential  to  regulate 
the  use  of  a  scanty  supply  of  water  by  the  community.  By 
this  provision,  the  water  was  divided  equally  among  the 
settlers,  and  an  alcalde  was  appointed  for  each  main  ditch. 
If  a  founder  failed  to  irrigate  his  land  at  the  proper  time, 
then  the  alcalde  in  charge  might  do  it  for  him  and  at  the 
owner's  expense.  The  clearing  and  repairing  of  the  main 
irrigating  canal  was  a  public  trust,  the  expense  of  which  was 
to  be  met  by  a  tax. 

The  foregoing  laws  are  derived  almost  entirely  from  the 
laws  of  the  Indies,  many  of  them  having  been  in  existence 
for  over  two  centuries.  They  were  compiled  and  readjusted 
in  parts  to  meet  the  conditions  of  the  "  new  establishments." 
They  resemble  the  laws  of  Governor  JSTeve,^  although  they 
are  more  thorough  and  systematic.  The  laws  of  Governor 
Neve  forbade  the  sale  or  alienation  of  land  ;  while  those  of 
Pitic,  agreeing  more  closely  with  the  ancient  Spanish  laws, 
allowed  sale  after  four  years'  occupation.  Also,  in  the 
regulations  of  Neve,  all  settlers  were  treated  alike ;  while  in 
the  regulations  of  Pitic,  the  lands  were  distributed  according 

igee  Chapter  VII. 


Presidios  and  Presidial  Toivns.  203 

to  the  needs  of  the  settlers.  The  rules  and  regulations  for 
colonization,  laid  down  with  so  much  care  and  exactness,  were 
not  always  strictly  observed.  The  government  was  very 
punctilious  in  making  and  recording  laws,  but  very  dilatory 
in  their  execution.  But  this  is  not  unlike  the  whole  structure 
of  the  Spanish  government.  It  was  difficult  to  carry  out  the 
letter  of  the  law,  and  not  until  population  had  greatly  increased 
were  specific  land  regulations  needed. 

The  first  explicit  regulations,  pertaining  to  the  formation  of 
presidial  pueblos  in  California,  were  given  by  Pedro  de  Nava, 
Commandante-General,  who  then  resided  at  Chihuahua.^  He 
authorized  "  Captains  of  Presidios  to  grant  and  distribute  house- 
lots  and  fields  to  soldiers  and  citizens  who  may  solicit  them  to 
fix  their  residences  on."  These  lots  were  to  be  granted  within 
the  extent  of  four  common  leagues  of  land  belonging  to  the 
presidio.  The  four  leagues  were  to  be  "  measured  from  the 
centre  of  the  presidio  square ;  viz.,  two  leagues  in  every  direc- 
tion." ^  The  grants  of  land  under  this  provision  could  not  in 
any  way  interfere  with  lands  beyond  the  limits  of  four  square 
leagues,  nor  could  they  be  located  on  the  lands  belonging  to 
the  royal  hacienda.  "  There  is  no  clear  evidence,"  says  Ban- 
croft, "  that  any  such  grants  were  made,"  as  those  authorized 
in  the  above  proviso.  Prior  to  this  ordinance.  General  Ugarte, 
in  1786,  had  authorized  the  granting  to  private  individuals 
tracts  of  lands  not  exceeding  three  square  leagues  in  extent. 
These  grants  were  to  be  outside  of  the  presidio,  and  were  not  to 
interfere  with  the  lauds  of  the  mission  raucherias.  However, 
it  seems  that  no  such  grants  had  been  made  prior  to  1793 ; 
although  Captain  Pages  had  issued  permits  to  settlers  to  oc- 
cupy temporarily  certain  lands.  In  1794,  Arrillaga  gave  per- 
mission to  several  persons  to  settle  temporarily  on  the  Rio  de 

1  Dwinelle,  Colonial  History  of  Sa7i  Francisco,  34 ;  California  3Iessages  and 
Documents,  1850,  139 ;  Bancroft,  Cai,  I,  610. 

*  This  is  a  mistake ;  for,  two  leagues  in  every  direction  from  the  centre 
would  make  sixteen  square  leages.  Under  this  law,  Los  Angeles  claimed 
sixteen  leagues,  but  the  claim  was  not  granted.     Cf.  Bancroft,  Cal,  I,  610. 


204  Spanish  Institutions  of  the  Southwest. 

Monterey,  from  three  to  five  leagues  from  the  presidio.  Gov- 
ernor Boriea  was  opposed  to  the  granting  of  lands  to  Spanish 
settlers ;  on  the  ground  that  it  could  not  yet  be  determined 
what  lands  the  missions  would  need,  and  would  cause  trouble 
between  the  owners  of  the  land  and  the  neighboring  ranch- 
erias.^  He  therefore  recommended  that  settlers  of  good 
character  should  have  permission  to  occupy  the  land  pro- 
visionally. But  whether  any  of  the  above  laws  were  strictly 
observed  or  not,  we  are  aware  that  the  number  of  soldiers  and 
their  families  continued  to  increase  around  the  presidios,  that 
other  settlers  came  to  occupy  the  lands,  and  that  soon  a  small 
village  was  formed  around  each  presidio.  It  is  further  evident 
that  the  foregoing  laws  represent  the  principles  on  which  the 
four  presidial  towns,  Monterey,  San  Francisco,  San  Diego, 
and  Santa  Barbara,  were  founded.  Upon  these  laws  rest  the 
title  to  lands,  and  the  early  forms  of  municipal  government. 
Although  San  Diego  was  the  first  presidio  to  be  founded,  Santa 
Barbara,  San  Francisco,  and  Monterey  early  assumed  more 
importance  in  civil  and  military  affairs.  In  the  early  period, 
Monterey  was  the  most  important  of  all  the  towns  of  this  class ; 
but  in  a  later  period,  her  glory  was  surpassed  by  San  Fran- 
cisco. 

The  central  location  of  Monterey  gave  it  great  military  im- 
portance. It  was  long  the  residence  of  the  military  governor. 
The  place  was  of  importance  on  account  of  its  tolerably  good 
harbor,  its  pleasant  climate,  and  its  convenience  to  wood,  water, 
and  pasturage.  All  of  these  points  gave  Monterey  significance 
in  the  early  history  of  California.  Until  the  discovery  of 
gold,  Monterey  was  the  capital  of  California,  and  the  chief 
place  on  the  coast.  In  1843,  Richard  Henry  Dana  wrote: 
"  Monterey,  as  far  as  my  observation  goes,  is  decidedly  the 

^When  convenient,  the  friars  of  the  missions  allowed  the  natives  to 
remain  in  their  own  vUlages  or  rancherias  situated  at  some  distance  from 
the  mission.  The  friars  appointed  overseers  for  their  control,  and  exercised 
the  same  spiritual  and  temporal  oversight  concerning  them  as  was  given  to 
the  neophytes  or  the  missions. 


o 


Presidios  and  Presidial  Towns.  205 

pleasantest  and  most  civilized-looking  place  in  California.  In 
the  center  of  it  is  an  open  square,  surrounded  by  four  lines  of 
one-story  buildings,  with  half  a  dozen  cannon  in  the  center ; 
some  mounted  and  others  not.  This  is  the  Presidio  or  fort. 
Every  town  has  a  presidio  in  the  centre ;  or  rather  every  pre- 
sidio has  a  town  built  around  it ;  for  the  forts  were  first  built 
by  the  Mexican  government  and  then  the  people  built  near 
them  for  protection."  ^  At  this  time  the  presidio  at  Monterey 
was  open  and  unfortified.  There  were  several  officers  and 
about  eighty  soldiers  in  the  garrison.  The  fort  was  under  the 
the  immediate  care  of  the  commandant ;  but  the  governor,  who 
was  chief  military  commander  of  the  province,  resided  at  Mon- 
terey. The  local  officers  of  the  town  consisted  of  two  or  three 
alcaldes  and  regidores,  elected  by  the  inhabitants  of  the  town. 
There  were  civil  officers  who  attended  to  the  small  municipal 
affiiirs,  the  superior  officers  regulating  everything  pertaining  to 
the  general  government,  to  the  military,  and  to  the  foreigners. 
Mr.  Dana  wrote  that  "  No  protestant  has  any  political  rights, 
nor  can  he  hold  property,  or,  indeed,  remain  more  than  a  few 
weeks  on  shore,  unless  he  belong  to  a  foreign  vessel."  ^ 

Vancouver,  who  visited  Monterey  in  1792,  forty-six  years 
before  Mr.  Dana's  visit,  gives  a  graphic  description  of  Mon- 
terey and  environments.  He  praises  the  situation  and  the 
climate  of  Monterey ;  but  does  not  hesitate  to  point  out  the 
defects  in  the  harbor,  and  speaks  decidedly  of  the  dangerous 
coast.  The  presidio  was  very  much  the  same  as  when  it  was 
first  built  in  1770.^  "  The  buildings  form  a  parallelogram,  or 
a  long  square,  comprising  an  area  of  about  three  hundred  yards 
long  by  two  hundred  and  fifty  yards  wide,  making  a  complete 
enclosure.  The  interior  wall  is  of  the  same  length  and  is  con- 
structed  of  the   same   material."^     Around    the  square  are 

1  Dana,  Two  Years  before  the  Mast,  89,  90. 

2  Dana,  Two  Years  before  the  Mast,  90. 

'  Vancouver,  Voyage  de  Becouvertes,  a  V ocean  Pacifique  du  Nord,  Book  III, 
chapter  2. 

*  Vancouver,  III,  319. 


206  Spanish  Institutions  of  the  Southwest. 

situated  the  church,  the  officers'  quarters,  and  the  other  public 
buildings.  The  whole  has  a  forlorn  appearance  with  the  ex- 
ception of  the  officers'  apartments,  which  are  constructed  of 
better  material  and  are  more  commodious  than  other  dwellings. 
In  consequence  of  the  absence  of  windows  in  the  outer  walls, 
the  whole  structure  has  the  appearance  of  a  prison.  The 
windows  and  doors  open  on  the  interior  plaza.  At  each  cor- 
ner of  the  square  is  a  small  bastion,  which  projects  a  little 
beyond  the  wall.  Before  the  entrance,  which  faces  the  bay, 
are  seven  cannon,  four  of  which  are  nine-pounders  and  three, 
three-pounders.  These  guns  are  on  the  ground,  without  any 
fortifications.  They  are  so  far  from  the  bay  and  are  so  ill 
protected  that  they  serve  but  poorly  as  a  means  of  defence. 
Indeed,  Vancouver  criticises  the  whole  line  of  coast  defenses, 
which  are  all  about  the  same,  with  the  exception  of  San  Diego ; 
the  latter  being  better  prepared  for  defence. 

The  only  population  of  the  presidio,  at  this  time  (1792),  was 
military;  composed  of  soldiers,  ex-soldiers,  and  their  families. 
Vancouver  speaks  very  favorably  of  the  hospitality  and  gen- 
erosity of  the  Spanish  people.  "  Their  amiable  conduct  and 
hospitality  prove  daily  the  sincerity  of  their  protestations." 
They  were  ever  ready  to  render  all  kinds  of  service  within 
their  power.  To  this  all  travelers  testify,  and  many  speak  of 
the  excellent  society  at  Monterey  ;  for  it  was  always  noted  for 
its  excellent  society  during  the  Spanish  and  Mexican  rule. 
The  situation  of  Monterey  is  superb,  resting  on  a  gentle  slope, 
with  the  hills  covered  with  forests  rising  above.  The  bay 
lies  before ;  and  the  coast  line  sweeps  with  a  curve  away  to  the 
northwest,  toward  Santa  Cruz.  The  town  is  protected  from 
the  southwest  winds  by  Point  Pinos.  The  town  grew  away 
from  the  old  presidio,  and  developed  coastward,  so  that  the 
ruins  of  the  old  fort  are  on  the  hill  back  of  the  town.  In  the 
suburbs  of  the  present  town,  on  an  open  plain  toward  the 
northeast,  is  the  old  mission  church.  About  nine  miles  south 
on  the  Carmelo  river,  are  the  ruins  of  the  mission,  San  Carlos. 
Vancouver  rode  from  Monterey  to  the  mission  in  1797,  and 


Presidios  and  Presidial  Towns.  207 

gave  a  graphic  description  of  it  and  its  surroundings.  It  is 
noted  as  being  for  a  long  time  the  home  of  Fathers  Serra  and 
Palou. 

It  was  a  long  time  before  the  presidio  of  Monterey,  subject 
to  military  rule,  became  a  town  with  a  civil  administration. 
In  1820,  an  order  was  issued  for  the  formation  of  a  town  coun- 
cil.^ The  only  evidence  we  have  that  the  order  was  carried 
into  effect,  is  that  alcaldes  are  mentioned  for  the  years  1820, 
1823,  and  1826.  In  1826,  fifteen  citizens  petitioned  the 
Governor  to  appoint  a  judge  with  civil  jurisdiction  over  the 
one  hundred  and  fourteen  civilians  living  at  Monterey.  This 
would  indicate  that  military  rule  continued  to  this  date.  Fol- 
lowing the  order  of  the  Governor,  an  ayuntamiento  was  elected 
in  December.  This  ayuntamiento  continued  to  be  elected  for 
four  years.  In  1828,  it  issued  a  series  of  municipal  laws  for 
the  government  of  the  town,^  and  in  1830,  the  territorial  dep- 
idacion,  recognizing  the  needs  of  the  town,  proceeded  to  desig- 
nate the  extent  and  position  of  the  town  lands.^  The  town 
from  this  time  had  a  feeble  civil  government  which  was 
somewhat  overshadowed  by  the  military  power. 

The  origin  and  growth  of  the  presidio  and  tow^n  of  San 
Francisco  offers  an  excellent  example  of  the  manner  in  which 
a  military  town  became  transformed  into  a  civil  pueblo.  The 
founding  of  the  San  Francisco  presidio  and  mission  marks  a 
great  event  in  the  annals  of  California.  It  has  already  been 
related  how  the  party  in  search  of  Monterey  discovered,  in 
1769,the  harbor  of  San  Francisco.  Three  years  later,  Pedro 
Fages  and  his  companions  caught  a  glimpse  of  the  Golden  Gate 
from  the  foothills  east  of  Oakland.     In  1775,  Bucareli,  the 


1  Bancroft,  Cal.  II,  611. 

^  These  regulations  had  a  special  reference  to  public  and  private  order  of 
citizens.  Keligious  duties  must  be  attended  to ;  persons  must  not^  leave 
church  after  the  sermon  begins;  gambling  and  drunkenness  were  forbidden; 
persons  were  not  allowed  to  have  company  late  at  night,  and  might  not 
be  out  late,  etc.     Bancroft,  II,  612. 

^Bancroft,  II,  612. 


208  Spanish  Institutions  of  the  Southwest. 

viceroy  of  Mexico,  gave  directions  for  the  founding  of  a  pre- 
sidio and  a  mission  on  the  recently  discovered  bay.     On  the 
12th  of  June  of  the  following  year,  an  expedition  left  Monterey 
for  the  purpose  of  founding  the  new  establishments.     The 
little  company  was  composed  of  Moraga,  the  commander,  seven 
settlers,  one  sergeant,  and  sixteen  soldiers;  besides  herdsmen, 
servants,  and  others.     They  drove  a  pack  train,  and  two  hun- 
dred head  of  cattle  with  which  to  stock  the  presidio.     The 
supplies  and  equipment  of  the  new  settlement  were  shipped 
by  sea  in  the  vessel  San  Carlos.     After  some  controversy  as  to 
situation,  the  presidio  was  founded  in  September,  about  thirty 
days  after  the  arrival  of  the  San  Carlos.     The  usual  cere- 
monies were  observed  on  taking  possession  of  the  presidio. 
Mass  was  held,  the  Te  Deum  sung,  and  salutes  of  cannon  and 
muskets  were  fired.   The  first  buildings,  consisting  of  the  chapel, 
store-houses,  and  dwellings  for  the  officers,  men,  and  their 
families,  were  rudely  constructed ;  but  they  were  the  beginnings 
of  a  great  city.     The  presidio  was  constructed  after  the  usual 
plan.     Vancouver  has  given  us  a  minute  description  of  the 
establishment  as  it  appeared  in  1793.     After  the  usual  and 
legal  manner,  a  plaza  was  laid  out  and  the  buildings  were  dis- 
tributed on  its  sides,  all  facing  toward  the  interior.     The 
houses  and  public  buildings  were  made  of  adobe  brick ;  all 
were  rude  enough,  having  open  spaces  for  windows,  and  the 
bare  earth  for  floors. 

At  a  somewhat  later  period,  the  aastillo  was  established  on  the 
point,  and  the  mission  further  inland.  Between  the  mission 
and  the  presidio,  and  to  the  east  of  a  line  connecting  them, 
sprang  up  the  civic  town  of  Yerba  Buena,  the  nucleus  of  the 
modern  city.  Prior  to  1834,  San  Francisco  included  the  pre- 
sidio, the  mission,  and  the  small  town,  Yerba  Buena,  which 
had  sprung  up  between  them.^  Until  this  date  these  establish- 
ments were  under  the  control  of  military  organization.  The 
territorial  governor  imposed  taxes  and  license  fees,  and  the 

^  Moses,  Municipal  Government  in  San  Francisco,  18. 


Presidios  and  Presidlal  Toions.  209 

commandant  acted  as  judge  of  the  first  instance.  It  was  in 
November  of  the  year  1834  that  Governor  Figueroa  wrote  to 
the  military  commandant  at  San  Francisco  in  respect  to  the 
change  from  a  military  to  a  civil  organization.  In  this  letter 
he  stated  that  the  territorial  council  had  ordered  the  partido^ 
of  San  Francisco  to  elect  an  ayuntamiento,  composed  of  an 
alcalde,  two  regidores,  and  a  syndico.  The  ayuntamiento  must 
hereafter  exercise  the  political  functions  which  had  hitherto 
been  exercised  by  the  commandant.  The  alcalde  must  hence- 
forth attend  to  all  judicial  duties  of  the  pueblo;  the  command- 
ant having  to  do  only  with  those  cases  which  were  referred  to 
the  governor.  The  military  and  civil  power  was  thus  divided  ; 
the  commandant  attending  to  the  administration  of  the  former, 
and  the  town  council  to  that  of  the  latter.  The  jurisdiction 
of  the  town  council  (ayuntamiento)  extended  over  a  large  ter- 
ritory. It  embraced  not  only  the  entire  peninsula,  including 
presidio,  mission,  and  town,  but  extended  to  the  inhabitants  of 
the  opposite  bay  coasts ;  Contra  Costa,  Sonoma,  and  San  Rafael. 
Thus  we  have  a  pueblo  organization  embracing  the  small  pop- 
ulations of  the  peninsula  and  its  surroundings.^  The  officers 
of  the  new  government  met  sometimes  at  the  mission,  some- 
times at  the  Presidio,  sometimes  at  Yerba  Buena.  Upon 
investigation,  it  was  ascertained  that  there  were  sufficient  in- 
habitants on  the  peninsula  to  allow  the  organization  of  a  pueblo 
under  the  existing  laws.  Consequently,  in  December,  1 835,  nine 
electors  were  chosen  who  proceeded  to  select  members  of  a  town 
council.  From  this  time  on,  the  inhabitants  of  the  opposite 
shores  were  merely  aggregated  to  the  pueblo  of  San  Francisco.' 
And  henceforth  until  1839,  at  which  date  the  town  gave 
up  its  ayuntamiento  but  retained  its  charter,  the  town  exercised 
the  powers  and  privileges  of  a  fully  organized  pueblo.*     How- 

^  Moses,  San  Francisco,  18. 

^  Dwinelle,  Colonial  History  of  San  Francisco,  48.  '  Dwinelle,  51. 

*  The  ayuntamiento  of  San  Francisco  was  suspended  by  a  law  passed  in 
1836,  whicli  required  a  greater  population  for  the  privilege  of  having 
town  officers. 
14 


210  Spanish  Institutions  of  the  Southwest. 

ever,  it  must  be  inferred  from  the  records  that  the  pueblo  of 
San  Francisco,  like  the  other  settlements  in  California,  was  of 
very  slow  development,  and  that  its  government  was  informal 
and  irregular.  The  municipal  organization  during  the  Spanish 
and  Mexican  rule,  was  of  a  meagre  character.  Professor 
Moses  relates  a  curious  incident  respecting  this  deficiency  in 
government  machinery.  It  seems  that  in  1839,  more  than 
sixty  years  after  the  foundation  of  the  pueblo,  the  authorities 
had  the  criminal,  Galindo,  on  their  hands,  without  any  jail  in 
the  town.  The  inhabitants  of  San  Francisco  petitioned  the 
Governor  to  have  the  prisoner  removed  to  San  Jose,  where 
there  was  a  prison.  In  urging  this  removal  on  account  of  the 
absence  of  a  prison,  they  stated  further  that  the  inhabitants  of 
the  pueblo  were  so  scattered,  caring  for  their  herds  and  flocks, 
that  there  were  not  enough  remaining  in  the  town  to  guard 
the  prisoner.^ 

The  petition  was  heard  and  the  prisoner  remanded  to  San 
Jos4,  which  was  fortunate  enough  to  have  a  prison.  It  is 
not  necessary  to  relate  the  few  changes  in  the  municipal  gov- 
ernment which  occurred  from  time  to  time,  prior  to  the  Ameri- 
can conquest.  Under  the  new  government,  the  ayuntamiento, 
with  a  full  quota  of  town  officers,  was  elected  under  the  law 
of  1836.  The  castillo  was  in  a  dilapidated  condition  and 
usually  unfit  for  any  effective  service.  When  Vancouver 
entered  the  harbor  in  1793,  he  was  saluted  by  a  brass  three- 
pounder  tied  to  a  log.  He  saw  another  cannon  mounted  on  a 
decayed  carriage  in  front  of  the  presidio.  But,  from  this  time 
on,  strenuous  efforts  were  made  to  build  the  famous  Castillo 
de  San  Joaquin  on  Fort  Point.  Although  much  time  and 
labor  and  a  considerable  sum  of  money  were  spent  in  the  con- 
struction of  the  fort,  it  was  faulty  and  useless  as  a  means  of 
defense.  It  was  not  until  commerce  sprang  up  that  San  Fran- 
cisco's superiority  as  a  site  for  a  great  city  was  made  known. 

^  Moses,  San  Francisco,  22. 


Presidios  and  Presidial  Towns.  211 

Santa  Barbara  presidio  was  established  in  1782.  There 
was  no  fort  at  Santa  Barbara;  consequently  the  garrison  was 
composed  of  cavalry.  The  buildings  of  the  presidio,  in  1793, 
were  said  by  the  governor  to  be  the  best  in  California.  Santa 
Barbara  was  especially  noted  for  the  excellent  buildings  at 
the  mission  as  well  as  at  the  presidio.  It  was  noted  also  for  its 
great  herds  of  live  stock,  the  products  of  the  soil,  and  the  suc- 
cessful instruction  of  the  Indians  in  the  industrial  arts.  Quite 
a  number  of  invalids  were  sent  to  Santa  Barbara  to  live,  on 
account  of  the  healthful  climate,  and  a  small  voluntary  popu- 
lation gradually  accumulated  about  the  presidio.  The  num- 
ber of  the  inhabitants  in  the  town  at  the  close  of  the  eighteenth 
century  was  three  hundred  and  seventy,  fifty-nine  of  whom 
were  soldiers  on  active  duty,  and  seventeen  were  pensioners. 
We  infer  from  this  that  the  town  was  increasing  under  military 
rule.  The  town  has  always  been  noted  for  cleauliness  and 
healthfulness.  Vancouver  was  w^ell  pleased  with  the  sur- 
roundings. He  says  that  he  found  here,  "  the  appearance  of 
a  far  more  civilized  place  than  any  other  of  the  Spanish  estab- 
lishments had  exhibited.  The  buildings  appeai'ed  to  be  regu- 
lar and  well  constructed,  the  walls  clean  and  white,  and  the 
roofs  of  the  houses  were  covered  with  a  bright  red  tile.  The 
presidio  excels  all  others  in  neatness,  cleanliness,  and  other 
smaller  though  essential  comforts ;  it  is  placed  on  an  elevated 
part  of  the  plain,  and  is  raised  some  feet  from  the  ground  by 
a  basement  story,  which  adds  much  to  its  pleasantness."  ^ 

It  seems  that  there  was  no  rancho  del  rey  at  Santa  Barbara  j 
but  a  large  number  of  stock  belonging  to  the  presidial  company 
was  pastured  on  the  surrounding  lands.  There  were,  in  1797, 
four  thousand  horses  and  cattle  and  six  hundred  sheep  in 
charge  of  the  presidio.  The  yearly  product  of  grain  was  1650 
fanegas.^ 

^  Bancroft,  California,  I,  667  ;  See  Fig.  4. 

*  A  fanega  of  grain  is  equal  to  about  two  bushels. 


212 


Spanish  Institutions  of  the  Southvest. 


Mr,  Bancroft  states  that  "  the  municipal  records  of  Santa 
Barbara  have  been  for  the  most  part  lost,  so  that  respecting 


17 


Fig.  4. 


18 


18 

t  M  1.2     I  11  \% 


T3 


13 


3 

ill 


3 


3 


9 


13 


PLAZA. 

330  reel  Square 


Ti9 


■^ 


Plan  of  Saxta  Barbara  Presidio,  1788. 

Bancroft,  California,  I,  464. 


1  =  Chief  entrance. 

2  =  store  houses. 

3  =  Family  houses. 

5  ^Church. 

6  =  Sacristy. 

7  =  Ensign's  quarters. 

8  =  Commandant's  rooms, 

9  ==  Family  houses. 

10  =  Chaplain's  rooms. 


11  =  Sergeant's  house. 

r2  =  Guard  room. 

13  =  Corrals,  kitchens,  etc.  (ensign). 

14=       "  "  (commandant). 

15  =  Chaplain's  corral. 

16  =  Western  bastion. 

17  =  Eastern  bastion. 
IS  =  Corrals. 


the   pueblo   government,  administration  of  justice,  criminal 
cases,  and  even  list  of  officers,  only  a  slight    record  can  be 


Presidios  and  Presidial  Towns.  213 

formed  from  miscellaneous  scattered  documents."  ^  There  can 
be  recorded  for  it  a  quiet  prosperity  and  a  simple  organiza- 
tion. Especially  prosperous  were  the  missions  in  the  vicinity. 
The  natives  were  of  greater  intelligence  here  than  in  other  parts 
of  California,  and  reached  a  more  advanced  stage  of  culture 
under  the  new  civilization.  Wealth  in  herds  and  flocks,  in 
buildings  and  furniture,  and  in  the  products  of  the  soil 
increased  rapidly.  That  the  pueblo  was  granted  an  ayunia- 
miento  in  1834,  is  evident ;  but  the  subsequent  government  of 
the  town  is  scarcely  mentioned,  although  an  occasional  refer- 
ence to  alcaldes  and  regidores  would  indicate  that  some  part 
of  the  municipal  government  existed.  Without  doubt  the 
presidio  expanded  into  a  town  with  civil  administration  ;  but 
being  under  the  shadow  of  military  power,  in  all  probability 
the  commandant  continued  to  exercise  chief  authority,  and  the 
old  regime  predominated  until  the  American  invasion. 

As  far  as  situation  is  concerned,  San  Diego  is  one  of  the 
most  important  points  in  California.  Its  harbor  is  next  to 
that  of  San  Francisco,  and  it  is  situated  nearer  Mexico.  It  was 
highly  important  that  it  should  be  strongly  fortified  as  a  coast 
defence.  The  presidio  was  established  in  1769,  as  one  of  the 
pioneer  foundations  in  California.  Notwithstanding  the  fact 
that  San  Diego  was  an  important  harbor,  favorably  situated 
for  coast  defences,  and  that  it  was  the  first  colonial  settlement 
in  California,  it  was  always  a  weak  fortification  and  wanting 
in  general  prosperity.  Vancouver,  who  visited  San  Diego 
in  1793,  twenty-four  years  after  the  founding,  says,  "The 
presidio  of  San  Diego  seems  to  be  the  least  of  the  Spanish 
establishments.  It  is  irregularly  built,  on  very  uneven  ground, 
which  makes  it  liable  to  some  inconveniences,  without  the  ob- 
vious appearance  of  any  object  for  selecting  such  a  spot.  With 
little  difficulty  it  might  be  rendered  a  place  of  considerable 
strength  by  establishing  a  small  fort  at  the  entrance  of  the 
port;  where  at  this  time  there  are  neither  works,  guns,  houses, 

1  Bancroft,  CaL,  III,  653. 


214  Spanish  Institutions  of  the  Southwest. 

Dor  other  habitations  nearer  than  the  presidio,  five  miles  from 
the  port,  and  where  they  have  only  three  small  pieces  of  brass 
cannon."  ^  In  the  same  year,  following  the  report  of  Governor 
Borica  relative  to  the  condition  of  the  presidio  at  San  Diego,  the 
viceroy  of  Mexico  ordered  the  presidio  to  be  repaired.  In  the 
following  year,  the  viceroy,  in  a  letter  to  Borica,  expressed  a 
desire  to  have  the  fort  at  Monterey  built  similar  to  that  of 
San  Francisco,  "without  cost  to  the  king."  Subsequently 
considerable  sums  of  money  were  expended  in  an  attempt  to 
remodel  the  fort,  but  with  little  effect. 

But  the  fine  harbor  of  San  Diego  could  not  fail  to  attract 
the  outside  world,  after  the  beginning  of  trade  and  com- 
merce. A  small  town,  which  grew  in  later  times  to 
considerable  proportions,  sprang  up  around  the  presidio. 
Though  the  presidio  was  of  little  importance  as  a  coast 
defence,  it  was  an  important  station  in  California;  and 
San  Diego  obtained  considerable  attention  as  a  pueblo, 
prior  to  the  American  invasion.  There  was  no  civil 
government  of  San  Diego  until  sixty-eight  years  after  its 
foundation.  During  this  period  the  rule  was  strictly  military. 
The  military  company  gradually  diminished,  and  with  its  de- 
crease the  rule  of  the  military  power  declined.  The  presidio 
was  abandoned  in  1837,  although  one  soldier  was  reported  on 
duty  in  1839.  The  presidio  buildings  were  abandoned  in  1835, 
and  by  1840  were  in  complete  ruin.  "  Probably  much  of  the 
material  was  brought  down  to  build  the  little  town  of  thirty 
or  forty  houses  that  had  sprung  up  at  the  foot  of  the  hill."  ^ 
The  Castillo,  which  was  built  farther  out  on  the  point,  likewise 
fell  into  ruin. 

The  separation  of  the  civil  from  the  military  government  of 
San  Diego  occurred  in  1835,  when  the  first  town  council  was 
installed.  This  town  council  was  composed  of  one  alcalde, 
two  regidores,  and  a  syndico.^     For  three  years  the  ayunta- 


» Bancroft,  CaL,  I,  649 ;  Cf.  Vancouver,  Book  IV,  chapter  8. 
"  Bancroft,  Cal,  III,  610.  ^  j^i^^  615 


Presidios  and  Presidial  Towns.  216 

miento  continued  to  serve;  but  in  1837  the  town  was  placed 
under  the  control  of  a  justice  of  the  peace  (juez  de  paz)  ap- 
pointed by  the  Governor.  This  change  was  caused  by  a  law 
of  1836,  which  provided  that  towns  must  have  a  requisite 
population  in  order  to  have  an  ayuntamiento ;  and  San  Diego's 
population  fell  below  the  limit.  This  law  is  referred  to  in 
another  place.^  The  administration  of  justice  and  the  man- 
agement of  the  affairs  of  the  town  consisted  of  trials  for  petty 
misdemeanors  and  punishments  by  flogging,  fines,  or  imprison- 
ment. The  rules  for  municipal  government  were  excellent  for 
the  time,  though  quite  severe  in  reference  to  personal  liberty. 
Gambling  and  drunkenness  were  forbidden  by  law  and  pun- 
ished according  to  the  degree  of  the  offence.  There  were  many 
fines  for  petty  theft  and  fraudulent  practices.^  In  1839,  San 
Diego  formed  a  part  of  the  prefecture  of  the  partido  of  Los 
Angeles.  The  former  could  not  have  been  very  important  at 
this  time,  for  there  was  not  sufficient  population  to  make  it  a 
sub-prefect. 

Thus  it  is  seen  that  the  four  towns,  Monterey,  San  Fran- 
cisco, Santa  Barbara,  and  San  Diego,  grew  up  around  a  fort- 
ress ;  that  they  were  for  a  long  time  under  military  rule  ;  but 
that  finally  each  one  had  its  own  civil  government.  The 
transition  from  a  military  garrison,  with  a  military  rule,  to 
a  municipality  or  civil  pueblo,  with  a  town  council  and  local 
magistrates,  was  necessarily  slow.  The  causes  are  many. 
The  slow  increase  of  the  population  in  and  around  the  presidio 
was  the  primary  one  ;  but  the  inactivity  of  Spanish  and  Mex- 
ican life  and  the  crude  state  of  society  prevented  the  form- 
ation of  anything  like  a  systematic  organization.  Nevertheless, 
these  examples  serve  to  illustrate  the  principles  of  government] 
and  had  not  the  easy-going  Mexican  life  been  overtaken  by 
the  rapidly  moving,  energetic  American  civilization,  doubtless 


1  See  Chapter  XIII. 

^  Mr.  Bancroft  gives  a  long  list  of  town  records  from  1830  to  1840.     Cali- 
fornia, III,  610  et  seq. 


216  Spanish  Institutions  of  the  Southwest. 

each  one  of  these  towns  would  have  developed  into  a  thriving 
city.  As  it  is,  the  wisdom  of  choice  in  locality  is  fully  demon- 
strated by  the  later  development  of  the  great  maritime  city  of 
San  Francisco,  the  thriving  towns  of  Monterey  and  Santa 
Barbara,  and  the  recent  evolution  of  San  Diego.  In  the 
selection  of  sites  for  towns  and  for  missions,  the  wisdom  of  the 
early  founders  has  been  fully  demonstrated.  It  is  not  the 
province  of  the  present  volume  to  follow  the  details  of  events 
of  these  cities  after  the  institution  of  the  American  rule.  The 
period  of  transition  from  Mexican  to  American  institutions  is 
interesting.  That  the  transformation  is  complete,  no  one  can 
doubt  who  looks  upon  the  metropolis  of  the  Pacific  coast,  or 
gazes  at  the  ruins  of  the  old  Spanish  buildings  of  the  other 
towns  mentioned,  around  which  have  developed  modern  cities. 


CHAPTER  X. 

The  Spanish  Occupation  of  Aeizona,  New  Mexico, 
AND  Texas. 

In  the  early  period  of  Spanish  conqnest,  a  mystery  hung 
over  the  country  of  the  north  now  included  within  the  present 
boundaries  of  Arizona  and  New  Mexico.    The  fabulous  stories 
of  the  "  Seven  Cities  of  Cibola  "  were  recited  over  and  over, 
and  distorted  from  their  original  fictitious  forms.     Reports  of 
populous  cities  to  be  plundered  and  a  new  empire  to  be  con- 
quered greatly  excited  the  cupidity  of  the  Spanish  invaders, 
and  created  visions  of  immediate  and  boundless  wealth  in  the 
minds  of  the  adventurers.     Dreams  of  another  Mexico  to  be 
taken   awakened  their  avaricious  desires  to  such  an  extent 
that  they  were  ready  to  undertake  the  most  hazardous  expe- 
ditions in  order  to  satiate  their  thirst  for  gold.     The  origin 
of  these  fabulous  stories  was  very  simple.     They  started  with 
the  account  given  by  the  Indian  slave,  Tejos,  who  told  his 
master  Nuno  de  Guzman  that  he  was  formerly  accustomed  to 
visit  this  fabulous  country  in  company  with  his  father  for  the 
purpose  of  carrying  on  a  trade  in  feathers.     The  trader  went 
from  place  to  place  exchanging  his  wares  for  silver  and  gold, 
which  were  said  to  be  plentiful  in  the  interior.    Tejos  accom- 
panied his  father  once  or  twice  as  far  as  the  seven  cities  which 
were  large  and  populous  like  the  city  of  Mexico.    Slight  as  this 
information  appears,  it  contained  the  magic  idea  which  moved 
every  Spaniard  to  action  ;  it  told  of  populous  cities  and  pros- 
pects of  gold  and  silver.    Relying  upon  this  information,  Nuno 

217 


218  Spanish  Institutions  of  the  Southwest. 

de  Guzman,  the  head  of  the  Royal  Audience  of  Spam,  collected 
four  hundred  Spaniards  and  twenty  thousand  Indians  and 
plunged  into  the  wilderness  on  a  prospective  journey  of  six 
hundred  miles.^  It  was  thought  by  some  that  Guzman  was 
inspired,  in  part,  by  the  current,  fabulous  stories  relative  to 
the  Island  of  the  Amazons,  situated  somewhere  in  the  north, 
in  which  there  was  an  abundance  of  gold  and  silver. 

Without  doubt  this  story  of  the  Island  of  the  Amazons 
originated  from  that  of  the  island  spoken  of  as  Cali- 
fornia in  the  Spanish  romance  referred  to  elsewhere.^  But 
Guzman  did  not  find  the  island,  and  the  seven  cities  receded. 
The  discouragements  of  a  pathless  wilderness  and  the  return  of 
Cortes  from  the  south  brought  the  expedition  to  a  close.^ 

Soon  after  this,  the  arrival  of  Cabeza  de  Vaca  and  his  com- 
panions, the  survivors  of  the  Narvaez  expedition  to  Florida, 
caused  the  renewal  of  the  reports  already  current  of  this  famous 
country.*  Cabeza  told  of  passing  through  the  country  of  a 
civilized  people  with  permanent  habitations ;  dwellers  in  large 
houses  situated  in  populous  towns.  The  news  of  the  arrival 
of  Cabeza  and  his  companions  and  of  the  fabulous  stories 
which  they  told  was  communicated  to  Antonio  de  Mendoza, 
Viceroy  of  New  Spain,  who  in  turn  dispatched  it  to  Francisco 
Vasquez  Coronado,  the  governor  of  New  Galicia.  The  repe- 
tition of  the  accounts  of  those  famous  cities  of  the  north  again 
inflamed  the  breasts  of  the  Spanish  cavaliers  with  a  desire  for 
conquest.  As  soon  as  possible,  Coronado  dispatched  Fray 
Marcos  de  Nizza  with  a  few  companions  on  a  preliminary 
expedition  to  gain  more  definite  information  of  the  land.  It 
is  not  necessary  here  to  follow  the  adventurous  journey  of  the 
company  headed  by  Fray  Marcos  and  guided  by  the  negro 
Stephen,  a  former  companion  of  Cabeza.     It  is  sufficient  to 


^  The  Relation  of  Castenada,  Terneaux-Conipans,  IX,  1. 
^See  Chapter  VI. 

^  Haynes,  Early  explorations  in  New  Mexico,  Winsor,  II,  473. 
■•  Relation  of  Cabeza  de  Vaca,  Temaux-Compans,  V. 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texas.     219 

relate  that  the  stories  told  by  the  friar  on  his  return  are  to  be 
classed  preeminently  among  the  marvellous.  As  Fray  Marcos 
continued  his  journey,  the  cities  of  Cibola  again  receded  ;  and, 
although  finally  discovered,  he  was  not  permitted  to  enter 
them,  but  was  compelled  to  retreat  with  the  loss  of  the  negro 
Stephen.  On  his  return,  all  New  Spain  resounded  with  stories 
of  populous  cities,  of  fabulous  wealth,  of  prizes  awaiting  con- 
quest. Even  the  religious  orders  took  up  the  subject,  and 
preached  a  crusade  and  spiritual  conquest.  With  this  new 
glow  of  enthusiasm,  Coronado  proceeded  to  collect  the  forces 
for  a  new  expedition  ;  and  with  him  the  epic  of  the  Seven  Cities 
is  completed. 

Coronado  soon  collected  an  army,  composed  of  three  hun- 
dred Spaniards,  including  many  gentlemen  of  noble  families, 
and  eight  hundred  Indians.^  So  many  persons  of  noble  birth 
and  rank  volunteered  for  the  expedition  that  the  Viceroy  found 
great  difficulty  in  making  his  appointments.  The  old  cavalier 
spirit  was  fully  aroused,  and  the  Spanish  grandees  were  eager 
for  the  foray.  Owing  to  the  delays  usual  on  such  expeditions, 
the  column  was  not  ready  to  advance  until  February,  1540. 
Then  began  the  famous  march  over  mountains,  across  rivers, 
through  parched  and  dreary  deserts,  to  conquer  and  despoil 
the  rich  cities  of  the  north  and  add  another  province  to  the 
royal  domain.  But  the  members  of  this  brave  and  hardy 
band  were  doomed  to  suffer  extreme  disappointment.  The 
fatigues  and  discouragements  of  the  expedition  were  sufficient 
to  cool  their  ardor;  for  the  cities  of  Cibola  receded  as  the  adven- 
turers pursued  their  way  in  the  desert,  and,  when  discovered, 
dwindled  into  the  merest  villages  in  comparison  with  the  popu- 
lous towns  which  their  imagination  had  pictured  to  them.  They 
indeed  found  "Cibola"  and  "Quivira,"  but  in  no  respect  the 
Cibola  and  Quivira  of  famous  story.  They  discovered  won- 
derful ancient  remains  and  marvelous  villages  peopled  with 
semi-barbarons  natives;  but  no  gold,  no  wealth  and  no  plunder. 

'  Bancroft,  XV,  83 ;  Winsor,  II,  481. 


220  Spanish  Institutions  of  the  Southwest. 

Indeed  a  bare  subsistence  and  threatened  starvation  were  the 
only  rewards  in  store  for  the  volunteers  upon  this  most  famous 
of  all  the  Spanish  explorations,  excepting  those  of  Cortes. 
They  discovered  a  land  rich  in  mineral  resources,  but  others 
were  to  reap  the  benefits  of  the  wealth  of  the  mountain.  They 
discovered  a  land  rich  in  material  for  the  archaeologist,  but 
nothing  to  satisfy  their  thirst  for  glory  or  wealth.  They 
returned  after  accomplishing  only  a  temporary  conquest,  and 
solving  the  mystery  of  the  "  Seven  Cities  of  Cibola."  But 
the  conquest  was  merely  temporary  ;  for  only  two  friars  of  the 
entire  expedition  remained.  These  two  determined  to  remain 
and  win  this  newly  discovered  people  to  the  Christian  faith. ^ 
They  were  soon  forced  to  pay  by  death  the  penally  of  their 
invasion,  and  "received  the  martyr's  crown."  It  remained 
for  others  in  a  later  period  to  colonize  and  permanently  settle 
New  Mexico. 

Within  the  present  bounds  of  Arizona,  the  permanent 
results  of  Spanish  occupation  were  very  meagre,  although 
the  territory  is  not  wanting  in  the  historic  lore  of  this  early 
period.  The  expedition  of  Espejo,  following  full  forty  years 
after  that  of  Coronado,  added  but  little  to  the  knowledge  of 
the  territory.  Espejo,  traveling  to  the  northwest,  entered 
the  territory  of  "Arizuma"  and  discovered  rich  silver  ore 
in  the  mountains  about  forty-five  leagues  southwest  of  Moqui. 
Over  a  hundred  years  after  this  expedition,  the  Jesuit  mission- 
aries penetrated  southern  "  Arizuma"  and  established  perma- 
nent missions.  The  two  pious  fathers,  Francisco  Kino  and 
Maria  Salvatierra,  pushed  northward ;  establishing  missions 
and  preaching  the  gospel  to  the  various  tribes  with  which  they 
came  in  contact.  They  were  zealous  missionaries  and  ener- 
getic explorers.  There  was  no  country  so  rugged  or  desolate 
as  to  forbid  their  entrance,  no  tribe  so  fierce  that  they  would 
not  attempt  to  carry  to  them  the  blessings  of  the  gospel ; 
though  it  must  be  confessed  that  their  success  with  the  Apaches 

^  Castaneda,  Ternaux-Compans,  IX,  214. 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texan.     221 

was  not  very  great.  A  large  majority  of  their  couverts  were 
of  the  Pima  tribe,  who  are  now  called  "  Papagoes  ;"  and  a  few  of 
them  Avere  domesticated  Apaches.  The  first  mission  within  the 
territory  was  established  at  Guevavi,  near  the  present  southern 
boundary  of  Arizona.  Soon  after,  the  jMission  of  San  Xavier 
del  Eac  was  established,  about  twelve  miles  southwest  of  Tuc- 
son. At  first  its  buildings  were  small  and  inferior ;  but  about  a 
hundred  years  later  the  present  magnificent  building  was 
erected,  which  stands  as  a  monument  of  the  early  mission 
architecture.  The  missions  continued  to  be  prosperous  for 
many  years.  The  natives  were  taught  not  only  the  tenets 
of  the  Christian  religion,  but  to  till  the  soil,  and  attend 
to  the  rearing  of  cattle  as  well.  Large  tracts  of  land 
in  advantageous  situations  were  cultivated,  and  flocks  and 
herds  soon  dotted  the  landscape.  But  they  were  destined  to 
receive  a  severe  blow  by  the  constant  raids  of  the  Apaches 
and  the  rebellion  of  the  Pimas  in  1751.  However,  the 
greatest  blow  to  the  prosperity  of  the  missions  of  Arizona 
was  the  expulsion  of  the  Jesuit  fathers,  and  the  transferral 
of  the  missions  to  the  Franciscans. 

According  to  Mr.  Bancroft,  there  were  only  two  missions 
and  three  visitas,  or  dependent  missions,  established  north  of 
the  Arizona  line ;  although  there  were  many  more  recorded 
on  the  older  maps  of  Venegas  and  others.^  Although  Kino 
made  many  excursions  to  the  north,  discovered  and  named 
rancherias,  enumerated  the  inhabitants,  and  requested  mis- 
sionaries to  be  sent  to  these  places,  the  missions  were  never 
established.  Kino  pushed  his  explorations  to  the  banks  of 
the  Gila  and  across  to  the  Colorado.  The  missions  estab- 
lished during  Jesuit  rule  were  mostly  south  of  the  present 
boundary  of  Arizona.  Kino  laid  the  foundation  of  a  church 
at  Bac  in  1700,  but  it  was  not  completed  at  the  time;  for  it 
was  not  until  twenty  years  afterwards  that  a  permanent  mis- 
sion was  established  there.     Notwithstanding  the  many  con- 

^  Bancroft,  Arizona  and  New  Mexico,  Chaps.  XV  and  XVI. 


222  Spanish  Institutions  of  the  Southwest. 

flicting  statements,  it  appears  that  no  missions  were  established 
in  modern  Arizona  until  1720,  and  Mr.  Bancroft  seems  to 
prefer  the  date  1732  for  the  first  foundations.^  After  the 
expulsion  of  the  Jesuits  in  1767,  the  missions  were  put  in 
charge  of  the  Franciscan  friars,  who  found  affairs  in  a  bad 
condition ;  owing,  in  part,  to  the  change  of  authority.  The 
neophytes  refused  obedience  to  authority  thereafter,  and  held 
that  they  should  do  only  that  which  they  chose.  The 
missions  were  maintained  with  more  or  less  prosperity 
for  many  years.  The  buildings  were  constructed  of  adobe, 
and  roofed  with  grass,  timber,  and  earth.  The  structure  now 
standing  at  Bac  bears  the  date  of  1797,  which  was  the  proba- 
ble time  of  its  completion.  Bac  was  known  as  a  rancheria 
until  1720,  from  which  time  it  became  a  mission.  The  mis- 
sions were  quite  well  filled  with  neophytes,  and  the  success  of 
the  missionaries  was  satisfactory  in  many  respects.  The 
Jesuits  were  the  best  colonizers  in  the  employ  of  Spain, 
especially  for  rough  and  wild  countries.  The  Spanish  set- 
tlements were  very  meagre ;  they  were  limited  to  a  few 
hundred  haciendas  or  estates,  where  land  was  tilled  and  cattle 
reared  to  a  considerable  extent.  In  addition  to  these,  a  large 
company  of  Spaniards  settled  around  the  presidios  of  Tubac 
and  Tucson.  It  appears  that  the  presidio  of  Tubac  was  estab- 
lished for  the  protection  of  the  missions  in  1752,  soon  after 
the  revolt.  In  1764-7  it  had  a  population  of  about  five  hun- 
dred persons.  The  presidio  of  Tucson  was  established  some- 
what later,  at  first  by  moving  the  one  at  Tubac.  But  at  least 
as  early  as  1826,  garrisons  were  maintained  at  both  places.^ 

Among  other  industries  mining  was  carried  on  to  some  extent. 
Many  mines  were  opened  and  some  of  them  worked ;  but  not 
to  the  extent  indicated  by  the  numerous  exaggerated  reports. 
From  1790  to  1822,  the  region  enjoyed  a  period  of  peace  and 
prosperity.  Almost  all  that  was  accomplished  under  Spanish 
rule  may  be  referred  to  this  period.     But  the  establishments 

^  Bancroft,  Arizona  and  New  Mexico,  374. 


Spanish  Ocmpafion  of  Arizona,  New  3Iexico,  and  Texas.     223 

were  destined  to  end  in  disaster.  The  constant  raids  of  the 
Apaches,  the  neglect  of  the  garrison,  and  the  failure  of  the 
Spanish  government  to  make  proper  provisions  for  the  pro- 
tection of  the  establishments,  as  well  as  the  revolution  in 
Mexico,  helped  to  hasten  the  downfall  of  the  missions.  Soon 
the  haciendas  were  deserted,  the  missions  abandoned,  and  the 
working  of  mines  was  stopped.  Nothing  is  related  of  the 
missions  since  1826-8,  and  in  all  probability  this  is  the  end  of 
their  active  existence.  The  present  church  of  San  Xavier  at 
Bac  is  under  the  care  of  the  tribe  which  the  missionaries  con- 
verted, the  Papagoe  Indians,  who  care  for  the  property.^  Ex- 
ploration, invasion,  the  establishment  of  a  few  institutions,  the 
foundation  of  a  few  towns,  afterwards  to  be  destroyed,  and  the 
opening  of  a  few  mines  to  be  abandoned,  is  the  history  of  the 
struggling  pioneers  of  Arizona. 

If  we  turn  our  attention  to  New  Mexico,  we  shall  find  that 
a  more  permanent  foothold  was  obtained  here,  and  consequently 
with  more  lasting  effects.  To  recount  the  expedition  of  Espejo 
in  New  Mexico  and  to  tell  of  all  the  attempted  explora- 
tions and  the  many  stories  and  reports  of  this  wonderful  land 
would  occupy  the  space  of  one  book.  The  entrance  of  Lomas, 
and  his  return  to  Mexico  in  chains,  after  spending  the  winter 
in  New  Andalusia  and  exploring  a  score  or  more  of  towns, 
and  many  other  interesting  exploits,  must  be  passed  by  for  the 
more  permanent  results  of  the  colonization  of  Onate.  The 
account  given  by  Espejo  and  his  companions  was  so  flattering 
that  the  viceroy  of  New  Spain  determined  to  take  immediate 
control  and  colonize  the  country.  Espejo  enlarged  upon  the 
older  stories  in  his  representation  of  populous  cities,  fertile 
valleys,  and  abundance  of  silver  and  gold  in  the  mountains. 
The  first  mover  in  this  new  enterprise  of  settling  New  Mexico 
with  Spanish  colonists  was  Juan  de  Onate.  He  made  a  con- 
tract with  Louis  de  Vasco,  the  viceroy  of  Mexico,  to  reconquer 
and   people  the  new  territory.     In  this  petition  he  pledged 


'  See  illustration. 


224  Spanish  Institutions  of  the  Southwest. 

himself  to  take  with  him  two  hundred  soldier  colonists,  horses, 
and  cattle,  as  well  as  agricultural  implements  necessary  to  till 
the  soil.  In  return  for  this  he  was  to  receive  a  salary,  a 
noble  title  for  himself  and  family,  large  grants  of  land,  and 
a  loan  to  defray  the  expenses  of  the  expedition.  In  addition 
to  this,  the  Indians  were  to  be  subjected ;  that  is,  reduced  to 
slavery.*  The  king  granted  the  request  of  Onate  and  con- 
firmed the  contract  between  de  Vasco  and  Onate  by  a  royal 
decree  under  date  of  July,  1602,  after  the  conquest  had  been 
made. 

Onate  was  very  successful  in  collecting  recruits  for  the  ex- 
pedition. Soon  he  had  the  required  number ;  but  the  delay 
caused  by  the  almost  endless  formality  of  procedure,  and  by 
the  petty  jealousies,  and  interference  of  others,  caused  many  of 
his  followers  to  desert.  Again  and  again  he  was  disappointed 
and  thwarted  in  his  attempts  to  begin  the  march.  It  was  not 
until  January,  1 598,  after  two  years  of  preparation  and  delay, 
that  Onate  was  able  to  start  on  the  long  deferred  journey.  It 
is  difficult  to  state  the  exact  number  that  went  with  Onate ;  but 
the  best  authorities  would  seem  to  indicate  that  there  were  one 
hundred  and  thirty  soldier  colonists  and  a  great  number  of 
Indians  and  serv^ants.  The  colonists  and  their  families  were 
carried  in  eighty-three  wagons,  and  7,000  head  of  cattle  were 
driven  before  them. 

Once  in  the  territory  the  colonists  began  to  build  houses  and 
soon  sowed  for  the  first  crop.  While  they  were  attending  to 
these  duties,  twelve  Franciscan  Friars  who  accompanied  the 
expedition  were  attempting  to  convert  the  natives.  The  natives 
received  the  Spaniards  with  great  kindness  and  supplied  them 
with  food  and  clothing.  As  soon  as  land  was  located,  farms 
occupied,  and  all  kinds  of  crops  planted,  the  Spaniards  turned 
their  attention  to  exploring  the  mountains  for  mines.  The 
colonies  seemed  to  flourish  ;  as  there  was  a  constant  increase  in 
the  supply  of  necessaries  of  life.     The  missionary  work  of  the 

'  Bancroft,  Arizona  and  New  Mexico,  116. 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texas.     225 

friars  was  very  successful,  for  a  time  at  least.  The  first  mis- 
sion formed  was  San  Gabriel.^  From  this  point  their  work 
spread  throughout  the  pueblos.  In  1608  there  were  eight 
padres  at  work,  who  had  baptized  at  least  eight  thousand  In- 
dians. Thirty  new  friars  came  to  the  settlements  in  1629,  and 
the  records  of  the  following  year  show  fifty  missionaries  in  the 
field  ministering  to  sixty  thousand  converts,  dwelling  in  ninety 
pueblos  and  grouped  in  twenty-five  missions.^  At  first  there 
v/as  good  will  and  harmony  between  the  natives  and  their  con- 
querors. But  as  time  passed  and  the  Christian  religion  was 
pressed  more  surely  upon  them  to  the  exclusion  of  their  own 
religion,  which  they  were  forced  to  give  up,  except  as  they  con- 
tinued to  worship  in  secret,  the  natives  became  restless.  As 
the  mines  were  opened,  they  were  forced  to  toil  there  as  well  as 
on  the  farms  of  the  colonists.  It  was  a  great  trial  for  the 
natives  to  give  up  their  simple  religion,  and  to  be  forced  to 
close  their  council  chambers  (estufas),  and  submit  to  the  yoke 
of  bondage  which  a  race  of  priests  was  religiouslv  forcing 
upon  them.  They  finally  grew  weary  of  the  daily  round  of 
penance,  toil,  and  prayer,  and  planned  to  get  rid  of  the 
intruders.  These  plans  ended  in  the  revolt  of  1679,  by 
which  all  of  the  Spaniards  were  expelled. 

The  expulsion  of  the  Spaniards  in  the  revolt  led  by  Pope, 
in  1680,  shows  the  patriotism  of  the  comparatively  docile 
Pueblo  Indian.  The  organization  of  the  natives  was  com- 
plete. They  drove  out  the  Spaniards,  rejected  their  civiliza- 
tion, destroyed  their  buildings,  and  returned  to  their  own 
religion  and  habits  of  life.  For  fifteen  years  the  pueblo  rule 
tried  to  obliterate  all  traces  of  the  Spanish  civilization.  But 
Vargas,  in  1695,  reconquered  the  pueblos  and  brought  them 
under  complete  subjection.  From  that  date,  the  Spanish 
municipal  system,  government,  and  religion  prevailed. 

The  first  town  was  formed  near  the  junction  of  the  Charaa 
and  the  Rio  Grande  and  was  called  San  Juan  de  Cabdallero. 

^  Bancroft,  Arizona  and  New  3Iexico,  131.  '  Ibid.,  162. 

15 


226  Spanish  Institutions  of  the  Southwest. 

This  was  the  centre  of  the  Spanish  settlements  for  a  time  ;  but 
Santa  F^,  founded  in  1601,  became  the  principal  town.  It 
must  be  confessed  that,  while  the  colonists  were  seldom,  if  ever, 
in  want  of  the  necessaries  of  life,  the  colonial  prospects  were 
none  of  the  brightest.  There  was  nothing  to  relieve  the  monot- 
ony of  these  inland  colonies,  and  nothing  to  stimulate  trade  or 
industry.  They  were  far  removed  from  the  associations  of 
men  and  the  commerce  of  the  world.  For  seventy-three  years 
they  were  prosperous  enough  in  some  ways  ;  but  in  all  of  this 
time  they  were  an  isolated  community  of  settlers,  soldiers,  Indian 
neophytes  and  Franciscan  missionaries.  The  Spaniards  with 
all  of  their  thirst  for  wealth  had  to  curb  their  desires  within  the 
limits  of  a  bare  subsistence.  The  colonies,  though  amassing 
some  property,  were  not  self-sustaining.  They  were  too  far 
away  to  market  anything  except  gold  and  silver,  which, 
though  plentiful  in  the  mountains,  Avas  difficult  to  obtain,  as 
there  were  but  meagre  means  for  reducing  it.  A  small  trade 
was  carried  on  with  the  outside  world.  The  friars  received 
their  salaries,  and  the  colonists  their  agricultural  implements 
and  tools,  from  Mexico.  Added  to  the  other  disadvantages  of 
the  new  settlements  were  the  constant  wars  with  the  hostile 
Indians,  the  stubborn  Moqui,  and  the  fierce  Apaches.  After 
the  Indian  revolt,  in  1680,  there  was  a  period  of  Indian  inde- 
pendence for  ten  .  years,  when ,  the  country  was  finally  recon- 
quered by  Vargas. 

The  conquest  of  Vargas  vvas  thorough  and  final.  The 
churches  which  had  been,  destroyed  during  the  rebellion  were 
duly  restored,  along  with  the  worship  of  the  Christian  reli- 
gion. The  pueblos  again  came  under  the  yoke  and  submitted 
to  foreign  methods  of  worship  and  government.  From  this 
time  on,  the  life  in  New  Mexico  varied  but  little  from  century 
to  century.  The  friars  gained  in  power  and  pursued  their 
regular  parish  work  among  the  villagers.  Churches  were  built 
at  the  pueblos,  and  missionary  work  was  begun  outside.  In 
civil  institutions  there  was  little  change.  There  were  a  few 
permanent  towns  like  Santa  Fe,  which  continued  to  increase 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texas.     227 

in  Spanish  population,  and  the  town  governments  apparently 
assumed  some  regularity.  Also,  in  some  of  the  Indian  pueblos, 
there  was  a  mixture  of  laws ;  in  others,  the  pueblo  Indians 
dwelt  by  themselves,  having  their  own  town  officers,  and  the 
Spanish  priest  as  supervisor  of  their  worship.  The  mission 
system  differed  somewhat  from  that  of  California,  as  the  Indians 
were  already  living  in  villages.  It  only  remained  to  establish 
the  parish  church  and  station  the  missionaries  in  their  several 
places,  changing  the  ancient  pueblo  government  to  the  newly 
introduced  Spanish  system.  This  included  a  form  of  munici- 
pal organization  under  the  direction  of  the  priest. 

The  government  of  New  Mexico  was  similar  to  that  of 
other  Spanish  provinces  of  the  time.  The  religious  and  civil 
powers  were  accorded  certain  rights  and  formal  privileges,  but 
the  true  government  was  military  in  organization  and  execu- 
tion. The  chief  officer  was  a  military  governor  appointed  by 
the  Viceroy.  The  local  governments  were  in  the  form  of 
pueblo  governments.  Civil  pueblos,  presidios,  and  missions, 
were  established  here  as  elsewhere.  As  early  as  16."S0,  a  set- 
tlement was  established  at  La  Canada.  After  the  revolution  of 
1680,  during  the  Indian  rule  of  1680-95,  seventy-five  Mexican 
families  formed  the  "new  villa"  of  Santa  Cruz  de  la  Canada. 
A  pueblo  government  was  established  with  an  alcalde  mayor 
and  capitan  aguerra,  a  sergeant,  four  corporals,  and  an  alguazil ;  ^ 
that  is,  with  a  mayor  justice  with  military  authority,  a  sergeant, 
four  corporals,  and  a  treasurer.  This  seems  to  be  a  peculiar 
combination  of  military  and  civil  powers.  The  town-site  was 
surveyed  and  the  lands  were  assigned  to  the  citizens. 

Santa  Fe  is  said  by  many  to  be  the  oldest  town  in  New 
Mexico.  It  is  certainly  the  town  of  greatest  historical  interest. 
It  was  founded  near  the  site  of  the  ancient  capital  of  the  pueb- 
los. There  are  many  who  believe  that  Santa  Fe  is  a  contin- 
uation of  the  old  Indian  pueblo  which  formerly  occupied  the 
same  site.     Mr.  Bancroft  holds  that  there  is  not  sufficient 

^  Bancroft,  Arizona  and  New  Mexico,  158. 


228  Spanish  Institutions  of  the  Southwest. 

evidence  to  support  such  au  assumption.^  He  also  believes 
that  the  first  town,  called  Santa  F§  de  San  Francisco,  was 
located  at  San  Juan,  and  not  on  the  site  of  the  present  city  of 
Santa  F6.  The  Spanish  town  of  Santa  F6  was  founded  at  the 
beginning  of  the  seventeenth  century,  a  few  years  after  the 
conquest  of  Oiiate.  From  that  time  it  has  been  the  most 
important  town  in  New  Mexico.  The  governor's  residence 
was  situated  at  Santa  F6,  which  was  the  seat  of  the  garrison. 
The  town  increased  slowly  in  population  and  presumably  in 
civil  government.  In  1630,  the  garrison  numbered  two 
hundred  and  fifty,  all  living  at  Santa  Fe,  where  a  church  was 
built  for  their  accommodation.  At  this  date  the  number  of 
baptized  Indians  in  ISTew  Mexico  was  60,000. 

The  houses  of  Santa  Fe  w^ere  constructed  of  adobe,  one 
story  high,  with  thick  walls.  The  town  was  laid  out  after  the 
usual  manner,  around  a  plaza.  The  houses  were  square  and 
block  shaped.  Lieutenant  Pike,  who  visited  Santa  Fe  in  1806, 
said,  "  Its  appearance  from  a  distance  struck  my  mind  with 
the  same  effect  as  a  fleet  of  flat-boats  which  are  seen  in  the 
sjiring  and  fall  seasons  descending  the  Ohio.  On  the  north 
side  of  the  town  is  the  square  of  the  soldiers'  houses.  The 
public  square  is  in  the  center  of  the  town,  on  the  north  side  of 
which  is  situated  the  palace  or  government  house,  with  the 
quarters  for  the  guards,  etc.  The  other  side  of  the  square  is 
occupied  by  the  clergy  and  public  ofiicers.  In  general,  the 
houses  have  a  shed  before  the  front,  some  of  which  have  a 
flooring  of  brick ;  the  consequence  is  that  the  streets  are  very 
narrow,  say,  in  general,  twenty-five  feet.  The  supposed  pop- 
ulation is  4500."^  The  government  of  the  town  was  on  a 
military  basis  at  this  time ;  for  every  citizen  was  under  military 
duty.  But  there  were  the  usual  town  officers  whose  actions 
were  subject  to  revision  by  the  military  authority. 

In  1846,  at  the  time  of  the  military  reconnoissance  by  Lieu- 

^  Bancroft,  Arizona  and  Neiv  Mexico,  158. 
^  Quoted  by  Prince,  History  of  Mexico,  255. 


I 


Spanish  Occupation  of  Arizona,  Neio  Mexico,  and  Texas.     229 

tenant  Emoy  and  others,  the  city  was  spread  over  a  large 
territory.  With  the  exception  of  a  few  houses  built  compactly 
about  the  plaza,  the  houses  were  scattered  and  surrounded  by 
gardens  and  fields.  The  Palace  then  stood  much  the  same  as 
in  1806,  and  as  it  now  stands,  with  its  adobe  walls  and  long 
portico  supported  by  the  trunks  of  trees.  It  was  noted  at  that 
time  as  being  the  only  building  in  Santa  Fe  with  glass  win- 
dows. Opposite  the  Palace  and  facing  it  was  the  military 
chapel  (Capilla  de  los  Soldados),  to  which  the  soldiers  were 
regularly  summoned  for  worship.  The  private  houses  are  of 
the  oriental  style.  "  The  almost  universal  style  of  building," 
says  Davis,  "  both  in  town  and  country,  is  in  the  form  of  a 
square  with  a  court  yard  in  the  center.  A  large  door  called 
a  zaguan  leads  from  the  street  into  the  j^citio  or  court-yard  into 
which  the  doors  of  the  various  rooms  open.  A  portal,  or 
more  properly  according  to  the  American  understanding  of  the 
same,  a  porch,  runs  around  the  court  and  serves  as  a  sheltered 
communication  between  different  parts  of  the  house."  ^  The 
flat  roof  is  covered  with  earth  and  plastered  with  mud.  Its 
appearance  is  improved  slightly  by  a  low  parapet  around  it. 
This  makes  the  roof  very  heavy,  sometimes  weighing  several 
tons,  and  causes  a  severe  strain  on  the  timbers  which  support 
it.  In  the  comparatively  dry  climate  of  Santa  Fe,  the  mud 
roof,  with  slight  repairs  after  rains,  serves  well  the  purpose  of 
protection.  Along  the  principal  streets,  the  private  houses  have 
porches  outside  as  well  as  inside  of  the  court.  In  1850  these 
principal  streets,  around  the  plaza  at  least,  were  occupied  by 
traders  who  had  erected  small  stores  or  booths.  Now  the  prin- 
cipal streets  are  lined  with  shops,  but  the  appearance  of  the 
town  remains  to  a  great  extent  Mexican.  No  other  town  has  re- 
tained its  Spanish  characteristics  for  so  long  a  time.  The  plaza, 
the  old  adobe  buildings,  the  burros  in  the  streets,  the  free  use  of 
the  Mexican  language,  the  semi-civilized  natives,  the  dress,  cus- 
toms, and  manners  of  many  of  the  people,  carry  us  back  to  the 


Davis,  El  Oringo,  164.     (1857.) 


230  Spanish  Institutions  of  the  Southwest. 

early  days.  Even  modern  buildings,  modern  customs,  and 
modern  dress  fail  to  obliterate  the  old  Spanish  life.  Many  of 
the  best  citizens  of  the  town  are  descendants  of  those  old  Cas- 
tilian  families  which  obtained  wealth  and  prominence  in  the 
early  period  of  New  Mexican  history. 

Several  Spanish  explorations  extended  into  the  present 
boundaries  of  Texas,  prior  to  1 682.  Immediately  there  followed 
the  attempts  of  France  to  colonize  that  part  of  the  country 
from  "  Fort  St.  Louis  on  the  Illinois  River,  into  New  Biscay." 
The  French  failed  in  their  attempt  to  settle  the  Mississippi 
valley  and  the  coast  territory,  and  thus  to  connect  Canada  and 
the  Gulf  of  Mexico.  The  explorations  of  La  Salle  in  Texas 
had  the  effect  of  stirring  up  the  Spaniards  to  renewed  activity. 
Consequently  expeditions  were  sent  into  Texas  for  the  purpose 
of  apprehending  Frenchmen  Avho  might  be  found  in  this  terri- 
tory. Governor  Leon  of  Coahuila  found  the  deserted  French 
fort.  The  colony  had  failed  and  its  inhabitants  were  scattered. 
A  few  captives  were  made  by  the  Spanish  on  this  and  other 
expeditions.  Several  attempts  were  then  made  to  reduce  the 
country,  and  to  make  permanent  settlements.  Two  missions 
Avere  founded  in  1691.  They  were  San  Francisco  and  Santa 
Maria,  and  were  situated  between  the  Trinidad  and  Neches 
rivers.^  The  colonizing  enterprise  was  poorly  managed.  The 
troops  and  colonists  withdrew  and  the  missionaries  became 
discouraged.  The  enterprise  failed  and  the  missions  were 
abandoned  in  1693. 

In  1713,  the  attempts  to  explore  and  settle  Texas  were 
renewed  and  resulted  more  favorably  than  the  previous  enter- 
prises. In  1718,  the  mission  and  presidio  of  San  Antonio  were 
founded  on  the  St.  Anthony  river.  Other  missions  were  estab- 
lished from  time  to  time.  The  great  object  of  the  Spanish 
government  in  settling  Texas  was  to  guard  against  the  threat- 
ened French  occupation.  The  religious  orders  desired  to 
found  missions  for  the  conversion  of  the  natives. 

^  Bancroft,  North  Mexican  States,  404. 


1.  ^IlSSUl.N    Ul'    Sa.N   JuMi. 

2.  Mission  Coxcepcion. 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texas.     231 

The  San  Antonio  settlement  in  due  season  became  perma- 
nent and  the  center  of  the  Spanish  operations  in  Texas. 
The  presidio  of  San  Antonio  Bejar,  founded  in  1718,  and  the 
villa  of  San  Fernando,  founded  in  1730,  formed  one  settle- 
ment. In  1785,  it  contained  a  garrison  of  sixty  men  and 
about  one  hundred  and  forty  houses,  one-half  of  which  were 
built  of  stone.  The  public  buildings  were  built  of  stone,  but 
were  in  a  ruinous  condition  at  the  above  date.  Their  original 
cost  was  $80,000.^  Ten  or  twelve  other  settlements  had  been 
formed  in  this  section  of  Texas ;  some  of  them  were  in  a  very 
flourishing  condition,  others  not.  From  this  time  on  the  Span- 
iards had  permanent  occupation  of  the  province.  Towns  sprang 
up  and  missions  and  forts  were  established.  When  the  pro- 
vince passed  under  Mexican  rule,  colonization  became  more 
extensive.  From  that  time  to  1 845  Texas  developed  more 
rapidly  and  showed  more  thrift  than  other  Mexican  frontier 
states. 

The  national  colonization  law  of  the  Mexican  Empire, 
published  in  1823,  offered  liberal  inducements  to  colonists 
to  settle  in  the  provinces  or  states  of  the  new  government. 
But  this  law  was  promptly  repealed  and  replaced  by  the 
colonization  law  of  the  Mexican  Republic,  passed  in  1824. 
This  was  followed  by  the  decree,  of  April  6,  1830,  by  the 
Vice-President  of  the  Mexican  Republic.  This  provided  for 
the  appointment  of  a  commission,  whose  duty  it  was  to  aid 
colonization  and  see  that  contracts  were  properly  made  and 
fulfilled  by  the  colonists.  The  seventh  article  of  this  decree 
provided  that  Mexican  families  which  desired  to  become  colo- 
nists should  be  conveyed  free  of  expense,  supported  during  the 
first  year,  and  given  a  grant  of  land  with  the  necessary  tools 
for  working  the  same. 

Four  years  thereafter,  a  circular  of  the  Secretary  of  relations 
presented  the  matter  of  colonization  of  the  lands  of  Coahuila 


» Eeport  of  Padre  Lopez,  President  of  Texas  Missions,  1785 ;  Bancroft, 
North  Mexican  States,  632. 


232  Spanish  Institutions  of  the  Southwest. 

and  Texas.  The  circular  states  the  reasons  why  colonization 
in  Texas  is  desirable.  The  government  is  impressed  by  the 
necessity  of  relieving  a  multitude  of  unfortunate  persons  from 
their  distress,  caused  "  by  reason  of  political  errors,  the  paraly- 
zation  of  trade,  the  destruction  of  fortunes,"  and  all  of  the 
attendant  evils  of  a  state  of  constant  revolution.  The  richness 
and  desirability  of  the  lands  in  the  territory  adjoining  the 
boundary  line  of  the  Republic  are  pictured  in  graphic  language. 
These  territories  are  "  open  to  commerce,  unexhausted  by  cul- 
tivation, and  fruitful  in  the  extreme,  and  inviting  the  robust 
arms  of  the  Mexican  to  all  kinds  of  employment  which  can  no 
where  else  be  so  well  rewarded  and  the  same  facilities  afforded, 
as  within  their  limits."  ^  "  The  government  invites  the  families 
that  have  lost  their  fortune  or  their  peace  to  better  their  con- 
dition in  the  peaceful  pursuits  of  agriculture ;  this  will  restore 
their  estates,  improve  their  fortunes,  make  them  forget  their 
errors  and  wanderings,"  and  convert  them  into  useful  citizens. 
The  government  stands  ready  to  aid  all  such.  This  general 
declaration  is  followed  by  a  colonization  law,  which  is  similar  to 
that  adopted  by  the  general  government  of  1824.  The  colonists 
enlist  for  two  years,  during  which  they  can  not  separate  from 
the  colony.  To  each  family  there  shall  be  given  one-tenth  of 
a  sitio  de  ganado  mayo7'  of  land,^  "a  yoke  of  cattle  and  a  cow, 
or  their  value,  two  ploughs,  and  such  carpentering  and  farm- 
ing tools  as  the  government  shall  consider  necessary."  ^  Each 
family  shall  receive  a  building  lot  taken  from  the  land  which 
is  appropriated  for  that  purpose.  To  every  person  over  fifteen 
years  of  age,  the  cattle  and  carts  necessary  for  transportation 
shall  be  given,  and  they  shall  be  the  property  of  the  colonists 
after  they  arrive  at  their  destination.  Also  each  person  shall 
be  paid  four  reals  (fifty  cents)  daily  for  one  year,  except  those 
under  fifteen  years  of  age,  who  shall  receive  two  reals. 

In  spite  of  all  these  inducements  to  colonists,  a  corapara- 


'  Rockwell,  Spanish  and  Mexican  law,  624. 

*  Eciual  to  about  442.8  acres.  » Rockwell,  625. 


Spanish  Occupation  of  Arizona,  New  3Iexico,  and  Texas.     233 

lively  small  number  of  Mexicans  entered  Texas.  The  pressure 
of  immigration  came  from  the  north  and  the  east.  To  such 
an  extent  did  foreigners  press  into  Texas  that  it  soon  achieved 
its  independence,  and  as  an  independent  Republic  continued 
to  develop  rapidly.  Then  followed  the  Mexican  War  and  the 
annexation  of  Texas  to  the  United  States.  The  institutions 
of  the  Spaniards  and  the  Mexicans  were  about  the  same  in  all  of 
the  provinces  and  states  of  New  Spain,  so  far  as  general  regu- 
lations are  concerned.  The  laws  of  colonization,  the  estab- 
lishment of  towns  with  municipal  organization,  and  all  of  the 
municipal  and  central  governments,  were  similar  throughout 
the  Spanish- American  domain.  But  each  country  had  its 
special  laws  and  special  officers  of  administration.  Conse- 
quently, each  state  varied  somewhat  in  its  particular  method 
of  exercising  governmental  functions. 

The  most  remarkable  thing  in  connection  with  the  settle- 
ment of  Texas  by  the  Spaniards  is  the  land  system  and  the 
methods  of  colonizing.  The  territory  of  Texas  was  formerly 
included  in  the  same  province  as  that  of  Coahuila,  and  repre- 
sented the  same  system  of  government.  Texas  was  settled  by 
the  missionaries,  and  their  process  of  colonizing  the  natives  and 
building  churches  was  about  the  same  here  as  elsewhere. 
Prior  to  the  revolution  in  Mexico,  and  while  the  province  of 
Texas  was  yet  under  the  dominion  of  Spain,  there  was  no  in- 
ducement held  out  to  settlers  to  occupy  the  country.  Indeed 
foreigners  were  forbidden  to  enter  the  territory  and  remain. 
After  the  revolution,  during  which  the  Spanish  yoke  was 
thrown  off,  a  liberal  policy  was  adopted  by  Mexico  in  the 
colonization  of  Texas. 

Texas  was  one  of  the  provinces  of  New  Spain  until  the  year 
1776,  when  it  was  joined  with  the  territories  of  Coahuila,  St. 
Andero,  and  New  Leon,  to  form  the  iuteudencia  of  San  Louis 
Potosi.  This  intendencia  was  in  turn  under  the  control  of  the 
supreme  audiencia  of  Gaudalajara.  After  the  revolution, 
Texas  and  Coahuila  were  united  under  a  provisional  govern- 
ment. While  under  the  Spanish  rule,  Texas  was  an  insignificant 


234  Spanish  Institutions  of  the  Southwest. 

country  aud  did  not  come  into  prominence  until  after  it  passed 
under  the  rule  of  the  Mexican  republic.  In  other  words,  it 
was  not  until  people  of  other  nationalities  had  av^ailed  them- 
selves of  the  liberal  colonization  laws  of  Mexico  that  Texas 
became  of  any  real  importance  to  the  world.  Under  Spanish 
dominion  the  frontier  provinces  were  in  a  state  of  neglect. 
Foreigners  were  forbidden  to  settle  in  them,  and  their  occupation 
by  Mexicans  was  discouraged ;  but  with  the  defeat  and  with- 
drawal of  Spain  from  her  vast  dominions  in  the  New  World 
began  a  new  era.  There  followed  almost  immediately  new 
colonization  laws. 

The  most  important  of  these  laws  was  in  respect  to  the  large 
grants  of  land  made  to  contractors  who  settled  the  terri- 
tory. By  the  national  colonization  law  of  Mexico,  passed 
in  August,  1824,  a  colonist  could  not  hold  more  than  eleven 
square  leagues  of  land,  one  of  which  could  be  suitable  for  irri- 
gation, four  suitable  for  cultivation  but  not  admitting  of 
irrigation,  and  six  for  grazing  purposes.  All  the  provinces 
were  subject  to  this  law.  Following  this  came  the  law 
of  colonization  established  by  the  Constituent  congress  of 
the  free  and  independent  state  of  Coahuila  and  Texas  for 
the  settlement  and  regulation  of  lands  within  that  territory. 
This  law  presented  explicitly,  in  forty-eight  articles,  the 
various  phases  of  the  regulations  for  colonization.  Among 
the  peculiarly  narrow  provisions  of  this  colonization  law  is 
the  requirement  that  the  colonist  shall  take  an  oath  to  observe 
the  established  Religion  of  the  nation,  as  provided  in  the  Con- 
stitution ;  this  of  course  being  the  Roman  Catholic.  Apart  from 
this  consideration,  the  laws  are  liberal  in  the  extreme,  as  far  as 
their  letter  is  concerned.  There  was  a  desire  on  the  part  of  the 
authorities  to  people  the  territory  with  law  abiding  citizens 
and  a  class  of  people  who  would  develop  the  resources  of  the 
country.  In  practice  the  laws  were  not  always  observed  ;  or,  if 
observed,  they  were  accompanied  with  so  much  contention  and 
delay  as  to  greatly  embarrass  settlers.  The  government  was 
very  particular  in  formulating  a  law  preventing  the  settlement 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texas.     235 

of  the  strip  of  country,  twenty  leagues  wide,  bordering  on  the 
limits  of  the  United  States  of  the  North.  Likewise  no  settle- 
ments could  be  established  within  ten  leagues  of  the  coast 
of  the  Gulf  of  Mexico. 

The  greatest  feature  of  the  Texas  laws  is  found  in  the  con- 
tract system.  By  this  a  person  could  plant  a  colony  by  con- 
tract, provided  that  he  brought  a  stated  number  of  colonists  from 
a  distance.  The  contractor,  or  Empresario,  agrees  to  bring 
one  hundred  families,  all  bona  fide  settlers,  into  a  given  terri- 
tory, within  a  term  of  six  years.  In  return  for  this  service  he  is 
to  receive  a  stated  amount  of  land.  For  each  hundred  families 
actually  settled,  to  the  limit  of  eight  hundred,  the  contractor 
is  to  receive  five  sitios  of  grazing  land  and  five  labors  of  land, 
one-half  of  which  shall  not  be  suitable  for  irrigation.^  This 
violated  the  national  law,  w^hich  provided  that  eleven  leagues 
should  be  the  maximum  amount  owned  by  one  person.  To 
modify  this  it  Avas  provided  that,  after  twelve  years,  the  excess 
of  eleven  leagues  should  be  alienated.  If  the  owner  should 
fail  to  dispose  of  it,  then  the  "  respective  political  authority 
shall  sell  it  and  give  the  proceeds  to  the  owners  after  deduct- 
ing expenses  of  the  sale."  By  this  law  it  was  possible  for  an 
Empresario  to  own  about  23,000  acres  of  land,  or  one  town- 
ship. The  families  were  to  be  confirmed  in  the  grants  of  the 
government  by  a  clear  title  to  the  land.  Each  family  was 
entitled  to  177f  acres.  For  this  land  the  settler  was  to  pay 
three  and  one-half  dollars,  if  irrigable,  and  two  and  one-half 
if  not.  Should  he  desire  to  carry  on  stock-raising,  then  a 
sitio  might  be  granted  him,  for  which  he  was  to  pay  thirty 
dollars,  or  about  two-thirds  of  a  cent  per  acre.  The  settler 
could  have  six  years  in  w^hich  to  pay  for  the  land.  The  funds 
arising  from  the  sale  of  land  were  collected  by  the  ayunta- 
mientos  of  the  respective  towns.     These  laws  all  applied  to 


1  Colonization  Laws  of  the  State  of  Coahuila  and  Texas,  Art.  12 ;  Rock- 
well, 643.  Note.— A  sitio  is  one  league,  equal  to  4428  acres ;  a  labor  is  about 
135  acres. 


236  Spanish  Institutions  of  the  Southwest. 

foreigners.  Native  Mexicans  could  hold  as  individuals  a 
maximum  of  eleven  sitios,  but  must  pay  one  hundred,  one 
hundred  and  fifty,  and  two  hundred  and  fifty  dollars,  for  the 
respective  grades  per  sitio  (4428|  acres).  If  at  the  end  of  six 
years  the  settlers  had  not  cultivated  and  occupied  the  lands, 
then  they  were  to  revert  to  the  government.  Likewise,  if  any 
person  desired  to  leave  the  state,  he  might  sell  his  land  and  take 
his  proceeds  with  him,  but  might  not  own  the  land  after  he 
passed  out  of  the  state.  Many  of  the  laws  determining  the 
privileges  and  duties  of  citizens  and  the  functions  of  govern- 
ment were  similar,  and  in  some  instances  identical  with  the  laws 
of  the  Indies  for  the  colonization  of  New  Spain,  formulated 
during  the  early  history  of  Spanish  occupation.  The  Indians 
were  to  receive  and  hold  laud  upon  the  same  condition  as  the 
other  inhabitants  of  the  community.  In  the  formation  of  towns, 
the  minute  details,  as  laid  down  by  the  old  Spanish  laws,  were 
re-enacted.  As  soon  as  forty  families  were  in  one  place 
they  must  immediately  proceed  to  form  a  new  town  and 
elect  a  municipal  authority.  To  facilitate  the  granting 
of  lands  to  the  colonists  and  the  formation  of  new  towns,  a 
commission  was  created  by  act  of  September  4, 1827.  In  this 
act  the  duties  of  the  commissioners  were  clearly  and  explicitly 
defined.  They  must,  among  other  things,  select  the  town  site, 
survey  it,  and  designate  the  places  for  the  public  buildings. 
They  must  also  establish  the  colonists  upon  the  town  lots  ;  the 
position  of  each  being  determined  by  lot,  the  Empresario  hav- 
ing his  choice  of  the  first  two.  As  soon  as  formed,  the  new 
town  was  to  elect  an  ayuntamiento,  provided  that  there  were  two 
hundred  inhabitants,  and  provided  that  there  was  not  another 
ayuntamiento  within  eight  leagues  of  the  place;  otherwise,  the 
new  town  was  to  be  attached  to  the  ayuntamiento  already  formed. 
Under  these  liberal  laws  many  settlers  came  into  the  terri- 
tory and  obtained  much  of  the  richest  portions  of  Texas. 
Many  large  haciendas  existed  which  are  noted  to  this  day ; 
some  maintained  by  the  law  and  others  divided.  One  of 
the  most  remarkable  of  the  Empresario  colonies  was  that 


Spanish  Occupation  of  Arizona,  New  Mexico,  and  Texas.     237 

of  General  Austin.  The  first  grant  of  privilege  was  made 
prior  to  the  Mexican  revolution  by  which  the  Spanish  authority 
was  overthrown.  The  grant  allowed  him  to  take  three  hundred 
families  to  settle  in  Texas.  It  was  confirmed  through  the 
influence  of  his  son,  Stephen  F.  Austin,  who  went  to  Mexico, 
obtained  a  repetition  and  confirmation  of  the  grant,  and  after- 
wards settled  and  managed  a  flourishing  colony. 

The  Empresario  could  give  colonists  no  right  and  title  to 
lands,  but  he  could  determine  who  should  enter  the  colony. 
A  contract  was  made  by  the  government  with  the  Empresario 
to  settle  a  certain  number  of  families  within  specified  limits. 
For  this  service  he  was  granted  land  which  he  might  use  as  he 
pleased.  As  no  person  could  settle  on  lands  thus  set  apart  for 
a  colony,  the  contractor  had  to  judge  of  the  suitability  of  indi- 
viduals for  colonists.  Therefore  the  consent  of  the  Empre- 
sario was  essential  to  the  acquirement  of  a  title  from  the 
government.  From  this  contract  policy  arose  many  of  the 
haciendas  or  large  estates  in  Texas. 

The  history  of  Texas  during  the  present  century,  down  to 
the  close  of  the  Mexican  war,  is  full  of  interest.  It  is  thrilling 
with  adventure  and  exploit,  but  its  story  may  not  be  related 
here. 


CHAPTER  XI. 
The  Social,  Condition  of  the  Indians. 

For  a  clear  understanding  of  the  influence  of  the  Spanish 
invaders  upon  the  aborigines  of  the  conquered  territory,  it 
seems  necessary  to  give  a  brief  sketch  of  their  social  life  before 
it  was  modified  to  any  great  extent  by  contact  with  the 
Spanish  race,  and  to  follow  this  by  a  description  of  the  cus- 
toms which  prevailed  among  them  after  the  outward  forms 
of  social  life  had  been  changed  by  the  teachings  of  the  con- 
querors. To  the  invaders  the  Indian  question  was  one  of  great 
importance;  for  there  was  scarcely  a  royal  decree  for  cen- 
turies, pertaining  to  the  occupation  of  the  soil,  to  which  was 
not  attached  a  rule  for  the  regulation  of  the  treatment  of  the 
natives.  The  theory  that  the  conquerors  and  the  conquered 
were  to  live  peaceably  on  the  same  soil,  each  group  retaining 
its  own  rights,  but  both  mingling  in  social  life  under  the  same 
political  organization,  was  sufficient  in  itself  to  cause  endless 
trouble  in  the  regulation  of  affairs.  The  theory  was  never 
verified,  except  in  a  few  cases  of  infrequent  and  irregular  prac- 
tice; but  it  led  to  the  origination  of  a  new  race,  with  a  new 
civilization  combining  in  many  instances  the  poorer  elements 
of  the  civilization  of  both  races. 

But  how  could  there  be  a  social  life  among  savages  who  had 
scarcely  entered  into  the  upward  movement  toward  modern 
civilized  life?  Social  institutions  were,  indeed,  fragmentary; 
but  their  elements  are  to  be  discovered,  in  such  forms  as  to 
give  unmistakable  signs  of  development.  Meagre  as  this  life 
238 


The  Social  Condition  of  the  Indians.  239 

was  in  many  instances,  it  is  not  only  an  interesting,  but  also 
an  essential  question  to  the  student  of  sociology  who  desires 
to  find  the  outcome  of  certain  existing  institutions.  The 
branches  of  the  human  race  which  have  attained  to  a  high 
degree  of  social  development  are,  in  their  early  life,  represented 
by  simple  or  elemental  forms.  From  these,  partly  by  indige- 
nous growth,  or  self-evolution,  and  partly  by  contact  with 
others,  have  developed  the  products  of  the  highest  civilization. 

The  social  conditions  of  the  natives  of  Mexico,  New  Mexico, 
and  California,  at  the  time  of  the  Spanish  occupation  of  these 
territories,  were  widely  diiferent.  Although  full  credit  may 
not  be  given  to  the  extravagant  statements  of  some  writers, 
who  have  portrayed  in  high  colors  the  magnificence  of  the 
social  structure,  it  must  be  conceded  that  the  Mexican  Indians 
of  the  cities  were  well  started  on  their  way  toward  the  develop- 
ment of  modern  social  and  political  institutions.  The  chief 
difficulty  in  finding  out  the  real  status  of  the  Indian  prior  to 
his  contact  with  the  European  races,  is  that  those  who  have 
given  us  records  of  their  institutions  have  mingled  with  their 
description  some  ideas,  which  certainly  must  have  been  obtained 
from  the  invaders. 

Cabrillo  (1542)  was  the  first  to  come  in  contact  with  the 
Indians  of  California ;  and  he  reports  that  they  were  found  in 
huts  along  the  coast,  that  they  were  poorly  clad,  and  of  an  in- 
ferior race.  Their  food  was  fish  and  game,  with  wild  berries 
and  acorns.  Venegas,  in  referring  to  the  general  character  of 
the  Indians  of  Lower  California,  says,  "The  characteristics  of 
the  Californians  as  well  as  of  all  other  Indians,  are  stupidity  and 
insensibility,  want  of  knowledge  and  reflection,  inconstancy, 
impetuosity  and  blindness  of  appetite,  an  excessive  sloth  and 
abhorrence  of  all  labor  and  fatigue,  an  incessant  love  of  pleasure 
and  amusement  of  every  kind  however  trifling  or  brutal,  pusil- 
lanimity and  relaxity ;  and  in  fine  a  most  wretched  want  of  I 
everything  that  constitutes  the  real  man  and  renders  him  ' 
rational,  tractable,  and  useful   to  himself  and  to  society."  ^  \ 

^  Venegas,  Noticias,  Part  III,  64. 


240  Spanish  Institutions  of  the  Southtoest. 

This  is  a  very  discouraging  ]>icture  of  those  out  of  whom  the 
Spanish  Government  was  attempting  to  build  states  and  make 
royal  subjects.  The  priest-historian  had  been  in  contact  with 
them,  and  doubtless  knew  their  lives  and  habits.  Father 
Boscana  adds  a  deeper  shade  to  the  picture  by  asserting  that 
the  character  of  the  Indian  is  diametrically  opposed  to  that 
of  the  civilized  European.  Whatever  is  falsehood  in  the 
European  is  truth  in  the  Indian,  and  vice  versa.  In  a  moral 
sense,  his  positive  is  our  negative.  Perhaps  this  is  the  reason 
why  Indians  seize  the  evil  habits  of  Americans,  deeming  these 
the  more  virtuous. 

The  Indians  of  California  have  been  classed  among  the 
lowest  grades  of  the  aborigines  of  America.  They  are  small 
of  stature,  light  of  body,  and  lacking  in  mental  capacity ;  yet 
at  times  courageous  in  defense  against  oppression.  The  docil- 
ity of  their  nature  accounts  in  a  great  measure  for  the  success 
of  the  missionaries  in  organizing  them  into  missions  an3 
teaching  them  domestic  life.  Certainly  more  savage  tribes 
would  have  required  a  different  process,  The  Indians  of  Cal- 
ifornia were  not  very  far  advanced  in  social  development. 
Living  as  they  did  a  very  simple  life,  their  entire  energies 
w^ere  devoted  to  obtaining  food  and  to  protecting  themselves 
partially  from  inclement  weather.  In  JS^ew  Mexico  the 
houses  for  protection  were  more  substantial  than  in  California, 
and  the  Indians  lived  in  villages  in  a  settled  condition.  In 
addition  to  the  common  method  of  obtaining  food  by  means  of 
the  chase,  they  practiced  agriculture  to  a  limited  degree  and 
made  use  of  irrigation  as  a  means  of  facilitating  cultivation. 
In  the  arts,  too,  they  were  much  farther  advanced  on  the  road 
to  modern  civilized  life.  It  is  not  within  the  scope  df  this 
chapter  to  present  a  picture  of  the  arts  and  architecture,  the 
industries  and  the  laws  of  this  race  when  discovered  by  Cortes 
and  his  followers.  But  the  comparatively  high  state  of  civil- 
ization and  the  hoards  of  wealth  discovered  in  populous  cities 
of  the  South,  furnished  the  key  to  northern  exploration,  as  they 
excited  the  cupidity  of  the  Spaniards.     And  in  each  of  the 


The  Social  Condition  of  the  Indians.  241 

other  points  of  contact,  California,  New  Mexico,  and  Old 
Mexico,  the  natives  show  evidence  of  the  elements  of  social 
and  political  institutions.  Here  as  elsewhere  in  the  world, 
religion  performs  an  important  part  in  the  organization  of 
society.  It  is  one  of  the  primitive  forces  of  social  organiza- 
tion, and  the  earliest  principle  of  association,  except  that  of 
consanguinity. 

But  their  religion  could  be  nothing  more  than  unsystema- 
tized superstition.  When  Cabrillo's  men  landed  on  one  of  the 
Santa  Barbara  islands,  they  found  a  primitive  temple  of  the 
rudest  sort,  and  in  it  a  god,  or  rather  a  place  for  the  object  of 
worship.  In  the  Journal  of  Cabrillo,  it  is  stated  that  the 
natives  "  have  in  their  villages  their  large  public  squares,  and 
they  have  an  inclosure  like  a  circle ;  around  the  inclosure  they 
have  many  blocks  of  stone  fastened  in  the  ground,  which  issue 
about  three  palms,  and  in  the  middle  of  the  inclosures  they 
have  many  sticks  of  timber  driven  in  the  ground  like  masts, 
and  very  thick ;  and  they  have  many  pictures  on  these  same 
posts,  and  we  believe  that  they  worship  them,  for  when  they 
dance  they  go  dancing  around  the  inclosure."  ^ 

When  the  Indian  worshipped,  it  was  with  the  idea  that  the 
spirit  of  the  air  met  him  at  this  appointed  place  and  received 
acceptable  homage.  Boscana  describes  a  temple  of  the  Indians 
of  the  mission  Capistrano,  which  is  similar  to  that  discovered 
by  Cabrillo.  The  temple  of  Vanqueeh  is  located  near  the 
center  of  the  village  or  group  of  villages.  It  consists  of  a 
circular  enclosure  formed  by  stakes  driven  into  the  ground, 
and  apartments  formed  in  the  same  manner.  Within  the 
inner  enclosure  is  placed  on  an  elevated  hurdle  the  god  "  Chin- 
igchinich."  ^  Here  the  tribe  met  to  worship.  Viscaiuo  dis- 
covered a  similar  temple,  and  around  the  seat  of  the  god  were 


1  The  Voyage  of  Cabrillo,  Tr.  by  H.  W.  Henshaw,  U.  S.  Geolog.  Survey, 
Vol.  VII,  p.  309. 

'  Boscana,  Chinigchinich,  Tr.  by  Eobinson ;  Kobinson's  Life  in  California, 
p.  258. 

16 


242  Spanish  Institulions  of  the  Southwest. 

placed  feathers  of  birds  of  different  colored  plumage.  These 
and  other  examples  are  sufficient  to  indicate  the  status  of  wor- 
ship among  the  natives.  Their  religion  seems  to  have  been  a 
rude  spirit  worship.  It  was  formulated  by  the  priests,  who 
were  also  sorcerers  and  medicine  men;  consequently  the  relig- 
ious belief  and  mythology  varied  greatly  in  the  separate  tribes, 
following  the  interpretations  of  the  individual  caciques.  Ac- 
cording to  Boscana,  the  primitive  belief  of  the  Indians  of  the 
Mission  San  Juan  Capistrano  was  founded  on  a  rude  cos- 
mogony. They  held  that  before  this  world  there  existed  two 
worlds  (one  above,  the  other  below),  and  that  these  were  brother 
and  sister.  The  former  signified  heaven  ;  the  latter,  the  earth. 
But  this  heaven  and  earth  existed  before  the  present  heaven 
and  earth.  Heaven  came  to  Earth,  bringing  the  light  which 
was  the  sun,  and  said  to  the  Earth  that  he  would  take  her  and 
make  her  his  wife.  But  the  Earth  resisted,  reminding  him  of 
their  relationship.  However,  they  were  finally  wedded,  and 
their  first  children  were  earth  and  sand.  "After  which  were 
produced  rocks  and  stoues  of  all  kinds,  particularly  flints,  for 
their  arrows;  then,  trees  and  shrubbery;  next,  herbs  and 
grass ;  and  again,  animals,  principally  the  kind  which  they 
eat."^  Finally  there  was  born  an  animated  being,  Ouiot, 
who  was  the,  gran  oapitan  of  the  first  family  of  beings,  which 
differed  very  much  from  the  Indians.  After  the  death  of 
Ouiot,  there  appeared  unto  the  bereaved  people,  Chinigchiuich, 
who  endowed  them  with  power  to  cause  it  to  rain,  to  make  the 
dew,  to  create  the  acorn  and  all  manner  of  edible  game.  The 
Indian  priests,  sorcerers,  and  medicine  men,  claim  to  be  des- 
cendants of  this  race,  and  thus  wield  a  power  over  the  people. 
They  manufacture  such  mythology  relative  to  the  obtaining 
of  food  as  will  yield  them  the  best  support.  By  working 
upon  the  superstitions  of  the  people  they  obtain  a  living  with- 
out labor,  since  a  part  of  the  products  of  the  chase  and  of  the 
soil  must  go  to  them. 

^  Chinigchinieh,  Robinson,  243. 


The  Social  Condition  of  the  Indians.  243 

Afterwards  Chinigchinich  created  man,  both  male  and  female, 
out  of  clay.  From  these  the  Indians  of  the  present  day  have 
descended.  They  were  taught  laws  and  ceremonies  by  Chin- 
igchinich, and  commanded  to  build  a  temple  for  worship. 
Such  are  the  simple  religious  ideas  of  the  natives,  tinged  with 
the  ideas  of  the  priest-historian,  but  upon  the  whole  the  most 
faithful  account  given  of  the  beliefs  of  the  natives.  Through- 
out California  there  were  many  different  tribes  with  variations 
of  religious  practices,  but  similar  in  grade  of  worship.  It  was 
this  superstitious  belief  that  was  to  be  supplanted  by  the  work 
of  the  Spanish  missionary.  But  even  under  the  best  influences, 
it  is  doubtful  if  the  old  superstition  was  eradicated. 

Besides  the  common  plan  of  worship,  there  were  council 
chambers  belonging  to  some  of  the  tribes,  in  which  they 
practiced  religious  ceremonies.  This  council  chamber  seems  to 
have  had  a  variety  of  uses,  but  was  probably  never  exempt 
from  religious  use.  Within  it  the  sacred  fire  was  kept  burn- 
ing from  fuel  procured  by  men  as  a  religious  ceremony.  A 
fire  was  built  near  the  centre,  sometimes  near  the  door ;  and  the 
natives,  quite  naked,  stayed  in  the  enclosure  until  in  a  profuse 
perspiration ;  then  they  passed  out  and  plunged  into  a  pool  of 
cold  water.  The  building  was  called  the  "  temescal "  or  sweat- 
house.  It  was  also  used  as  a  council  chamber,  sacred  to  the 
deliberations  of  the  men  who  consulted  on  the  government  of 
the  tribe.  Women  were  forbidden  not  only  to  carry  wood  for 
the  fire  of  the  council  chamber  but  also  to  enter  the  chamber. 
It  has  been  suggested  that  much  of  this  custom  was  founded 
upon  native  selfishness;  that  the  air  of  religious  mystery 
which  surrounded  it,  and  the  penalty  visited  on  women  for 
daring  to  enter  the  council  chamber,  were  instituted  for  the 
purpose  of  keeping  the  women  away  from  the  fire  during 
inclement  weather  in  order  that  the  men  might  have  more 
room. 

The  relio-ion  of  the  Indians  of  New  Mexico  was  of  a  higher 
order;  but  in  it  may  be  discovered  the  same  general  idea  and 
the  same  superstition  that  characterized  the  natives  of  California. 


244  Spanish  Institutions  of  the  Southwest. 

Their  sedentary  life  would  naturally  lead  to  more  definite 
practices  and  consequently  more  symmetrical  ideas  concerning 
worship.  The  Montezuma  worship,  of  which  the  adoration 
of  the  sun  is  the  chief  characteristic,  was  the  principal  idea  in 
religion.  The  worship  of  the  sun  is  celebrated  by  the  Indian 
dance.  There  seems  to  be  a  variety  of  dances.  The  Cachina 
of  the  Zuni  Pueblo,  although  the  most  noted,  is  not  the  most 
common.  It  is  danced  very  infrequently  and  seldom  witnessed 
by  outsiders.  Perhaps  the  attempt  of  the  Spaniards  to  sup- 
press all  heathen  rites  has  caused  it  to  occur  with  less  than 
usual  frequency.  The  Cachina  is  for  the  purpose  of  invoking 
rain,  a  bountiful  harvest,  and  other  favors  of  their  god.  The 
scene,  as  described  by  those  who  have  witnessed  it,  is  truly 
picturesque.  The  dance  is  accompanied  with  a  song  and  the 
sound  of  the  drums,  and  is  continued  for  many  hours.^ 

The  Pueblo  Indians  believe  in  the  return  of  Montezuma 
at  the  rising  of  the  sun.  Many  of  them  practice  the  ancient 
custom  of  assembling  on  the  housetops,  to  light  the  sacred  fires 
before  the  break  of  day  and  to  watch  for  the  coming  of  the 
sun.  Doubtless  they  worship  the  sun ;  at  least,  Montezuma  is 
a  sun  god.  At  Oriabe,  the  singing  for  worship  begins  at  sun- 
rise and  continues  throughout  the  day.  The  legend  of  Monte- 
zuma is  told  with  many  variations.  In  general,  he  is  the 
hero-god  of  their  mythology.  From  him  came  all  beneficent 
things,  and  he  will  return  and  restore  all  things  to  the  Indians. 
This  idea  of  the  return  of  the  god  as  a  benefactor  is  well-nigh 
universal  among  various  tribes.  They  look  forward  to  a  time 
when  a  messiah  shall  return  to  right  all  wrongs  and  to  reestab- 
lish the  lost  power  of  the  tribe.  The  Indians  are  very  relig- 
ious ;  they  do  nothing  of  importance  without  connecting  with 
it  a  religious  ceremony.  The  cacique  is  present  on  all  public 
occasions  to  perform  the  proper  religious  ceremony ;  and  the 
individual  Indian  is  careful  to  obtain  the  good  will  of  the 
gods  in  every  private  undertaking.    Whether  at  play,  at  work, 

^  See  illustration. 


The  Cachina  Danck. 


The  Social  Condition  of.  the  Indians.  245 

or  engaged  in  war,  the  Pueblo  Indian  shows  his  devotion. 
He  invokes  the  spirits  for  success  in  war,  for  a  bountiful 
harvest,  for  an  abundance  of  game,  for  success  in  sports  and 
gaming,  and  in  all  times  of  danger. 

In  connection  with  the  religious  worship  of  the  Pueblo 
Indians  is  the/estufa^win  underground  chamber  where  councils 
are  held  for  worship^  for  political  organization,  and  in  some 
instances  for  health.  Estufas  are  found  in  nearly  all  of  the 
ruins  of  the  ancient  pueblos  and  in  many  of  those  inhabited 
at  the  present  time.  The  estufa  corresponds  in  a  measure  to 
the  temescal  or  sweat-house  of  the  California  Indians.  We 
find  the  latter  most  frequently  used  as  a  remedial  agent,  but 
also  as  a  place  of  religious  ceremony  and  political  council. 
The  temescal  is  built  of  logs  and  covered  with  earth.  It  is 
wholly  or  partially  sunk  below  the  surface  of  the  ground. 
There  is  only  one  opening,  very  small  but  large  enough  to  admit 
the  passage  of  an  Indian.  The  estufa  of  the  Pueblo  Indians 
is  walled  up  with  stone.  It  has  one  small  opening  at  the  top 
for  the  entrance  of  people  and  the  escape  of  smoke.  One  of  the 
main  objects  of  the  calling  of  a  council  in  the  estufa  was  to 
deliberate  on  the  election  of  chiefs  or  leaders.^  That  there 
was  a  religious  service  connected  with  it  is  shown  by  the  fact 
that  the  inhabitants  of  Pecos  never  allowed  the  sacred  fire 
upon  its  altars  to  go  out.  Tradition  said  it  was  started  by 
Montezuma;  and  they  were  faithful  in  keeping  it  for  hfesreturn. 

Such  is  the  nature  of  the  superstition  with  which  the  Squ- 
ish padres  had  to  contend,  a  superstition  that  could  not  \)e 
eradicated  so  long  as  the  father  sought  to  communicate  it  tfi) 
the  son  through  succeeding  generations.  Question  a  PuebloN 
Indian  to-day  concerning  his  religion,  and  he  will  tell  you  that 
he  has  two  gods,  Montezuma  or  the  Sun,  and  the  Christian, 
Qod.  This  shows  that  whatever  new  religious  p_iactic«s-were 
imposedlipou  the  natives,  the  old  religious  belief  still  main- 


'  At  Zufii  pueblo,  there  are  at  present  six  estufa*,  all  in  use  by  the  several 
clans  of  the  village. 


246  Spanish  Institutions  of  the  Southwest. 

tained  its  hold  upon  the  Indian  nature.  In  many  instances 
the  missionaries  allowed  the  natives  to  retain  many  of  their 
old  practices,  partly  because  they  could  not  do  otherwise,  and 
partly  because  it  was  a  politic  measure  for  securing  better 
control  of  the  neophytes. 

Among  the  neophytes  of  the  California  mission,  we  find  the 

I  continuance  of  the  old  religious  practices.    Several  hours  each 

f  day  devoted  to  religious  exercises  failed  to  eradicate  the  old 

superstition.     Such  is  the  evidence  given  by  the  missionaries 

themselves.      Churches  were  built  in  which  the  natives  were 

;   assembled  to  worship.     The  bell  at  sunrise  called  them  to 

I  mass.     They  moved  in  order  under  the  control  of  overseers 

I  or  captains.     It  must  have  been  an  impressive  sight  to  see 

I  thousands   of  Indians   bowing   in   worship   to  a  new    God. 

I  The  religion  offered  them  was  a  religion  of  pictures,  of  images, 

and  of  bright  promises.    It  was  well  calculated  to  impress  the 

1  superstitious  savages,  and  it  succeeded  in  winning  them  to  its 

i  practice,  even  though  it  could  not  be  fully  understood  by  them 

I  and  though  the  spirit  of  the  old  religion  remained  in  their 

I  natures. 

While  it  cannot  be  affirmed  that  there  was  any  political 
society  established  either  among  the  Californian  or  the  New 
Mexican  Indians,  the  elements  of  political  life  can  be  clearly 
discerned.  Among  the  Californians,  the  unit  of  government 
was  the  small  tribe.  The  New  Mexican  Indians  were  organ- 
ized into  clans.  In  matters  of  war,  politics,  and  religion, 
each  individual  adhered  strictly  to  his  clan.  Federation  was 
not  known,  except  for  temporary  warfare  or  in  community  of 
worship.  At  the  head  of  each  tribe  was  a  hereditary  chief,  or 
captain  as  he  is  called  since  the  advent  of  the  Spaniards.  In 
default  of  male  issue,  the  kingship  reverted  to  the  brother  of 
the  king  and  then  to  his  oldest  son.  The  chief  had  but  little 
authority  except  that  which  came  from  the  reverence  paid  him 
by  the  members  of  the  tribe.  The  penalty  for  insulting  him 
was  death.  Through  custom,  his  powers  consisted  principally 
in    declaring   war   against   other   tribes    and    making   peace 


The  Social  Condition  of  the  Indians.  247 

with  thena.  All  differences  of  opinion  arising  between  his 
own  and  other  tribes  must  be  decided  by  the  chief.  He  also 
appointed  fast-days  and  days  for  hunting  game  and  gather- 
ing seeds.  Every  migration  was  determined  by  the  chief. 
In  some  of  the  tribes  there  was  a  council  of  elders,  which  had 
at  least  advisory  power  in  the  decisions  regarding  peace  and 
war.  The  council  chamber  was  a  universal  institution  tlirough- 
out  California,  and  without  doubt  it  was  used  for  determining 
the  policy  of  the  tribe.  In  New  Mexico  the  estufa  was  used  for 
the  same  purpose.  If  it  be  held  that  the  estufa  and  the  coun- 
cil chamber  were  religious  or  social  institutions,  it  is  still  clear 
that  there  were  political  phases  of  life  and  a  tribal  government 
to  be  administered,  and  that  the  estufa  was  the  meeting  place  of 
the  tribal  council.  In  early  institutions  the  religious  and 
political  customs  are  closely  blended.  In  fact  civil  customs 
frequently  spring  from  religious  ones.  In  all  probability  the 
council  chamber  was  first  formed  to  be  used  as  a  vapor 
bath.  In  the  course  of  time  there  was  attached  to  it  a  religious 
idea,  which  caused  it  to  be  used  as  a  religious  assembly  and 
finally  for  the  meeting  of  the  council  of  old  men.  Castenada 
asserts  that  the  villages  of  Tiguex  were  governed  by  a  council 
of  old  men,  and  there  are  more  recent  instances  of  the  estufa 
being  used  for  deliberations  of  a  political  nature.  Here,  in 
secret  council,  the  traditions  of  the  tribe  were  communicated 
to  the  younger  generation ;  here  Indians  were  raised  to  the 
rank  of  chiefs ;  here  war  was  declared,  and  the  customs  of 
governing  the  community  were  considered.  The  villages  were 
small  communes,  which  held  the  land  and  tilled  the  soil  in 
common,  and  consequently  developed  from  the  tribal  or  fam- 
ily organization. 

The  Spaniards,  finding  the  Indians  in  villages,  allowed  them\ 
to  remain,  or  gathered  them  into  larger  towns  and  systema- 
tized their  civil  government.  The  estufa  or  council  chamber 
was  still  used,  as  a  place  of  worship  where  their  heathen  rites 
were  celebrated,  and  as  a  place  of  political  council.  There 
all  deliberations  on  public  affairs  were  held,  and  the  commoiy 


^^w4p 


248  Spanish  Institutions  of  the  Southwest. 

concerns  of  the  village  transacted.  The  local  government  of 
each  pueblo  represented  a  small  democracy.  A  governor,  an 
alcalde,  a  constable,  and  a  military  leader  were  elected  once  a 
year  by  the  majority  of  the  men  of  the  village.  The  gover- 
nor was  called  a  cacique  and  carried  a  silver-headed  cane  as  a 
badge  of  office.  The  alcalde  was  the  judicial  officer  of  the  vil- 
lage, and  was  usually  the  most  important  officer.  He  was 
frequently  judge  and  governor  in  one,  and  the  principal  man 
of  the  town.  There  was,  besides  these  officers,  a  council  of 
elders,  who  advised  the  governor  in  regulating  the  affairs  of 
the  town.^  It  was  similar  in  form  to  the  Spanish  ayunta- 
miento  or  town  council,  and  was  patterned  after  it ;  for  the  old 
Indian  council  was  doubtless  formed  of  all  the  warriors. 
These  forms  of  local  government  are  carried  on  at  present 
among  the  Pueblo  Indians  in  their  several  villages. 

The  common  customs  of  the  Pueblo  Indians  have  changed 
much  less  than  either  their  religion  or  government.  Their 
houses  are  similar  to  those  in  use  in  the  time  of  Cortes  and 
Coronado.  Indeed  the  same  houses  exist  and  are  occupied 
just  as  they  were  during  the  time  of  the  Spanish  invasion.^ 
Their  forms  are  well  known ;  they  resemble  a  series  of  ter- 
races built  one  above  the  other,  with  no  outside  window  or 
doors.  The  houses  are  entered  by  means  of  ladders,  which 
may  be  drawn  up  in  time  of  danger.  The  houses  are  built 
of  adobe  brick ;  the  walls  are  thick  and  plastered  within. 
The  Pueblo  Indians  are  communists.  There  is  one  daily 
assembly  of  the  tribe  for  meals,  the  men  and  women  eat- 
ing at  different  times.  Among  the  most  noted  pueblos 
are  those  of  Taos  and  Zuiii.  The  Indian  village  of  Taos 
lies  at  the  foot  of  the  Sierra  de  Taos,  the  town  having  an 
altitude  of  7,000  feet.  It  consists  of  two  large  communal 
houses,  in  which  live  about  four  hundred  Indians  of  all  ages. 


^  Davis,  El  Gringo,  144. 

*  Morgan,  Lewis  H.,  Houses  and  Souse  Life  of  the  American  Aborigines, 
136  et  seg. 


Zuxi  Water  Carrier. 


The  Social  Condition  of  tJie  Indians.  249 

On  the  first  day  of  January,  the  heads  of  the  families  assemble 
to  elect  their  officers.  These  officers  attend  to  the  affairs  of 
the  village  and  control  the  political  organization  of  the  town. 
As  in  other  villages,  there  is  the  secret  organization,  which  con- 
trols the  religious  organization  of  the  clans  and  attends  to  the 
public  and  private  dances.  Every  year,  on  the  thirtieth  of 
September,  the  Taos  Indians  celebrate  with  a  feast  the  virtues 
of  their  patron,  St.  Jerome.  At  this  time  one  of  the  ancient 
dances  is  given,  and  races  and  games  take  place. 

Taos  is  full  of  historic  interest.  It  was  first  visited  by  the 
Spaniards  in  1541,  and  was  occupied  by  Onate  in  1598.  At 
Taos,  Pope  planned  the  insurrection  of  1680,  by  which  the 
Spaniards  were  driven  from  the  territory.  After  the  re-con- 
quest by  Vargas,  the  Taos  Indians  twice  revolted  but  with 
little  success.  After  the  occupation  of  New  Mexico  by  the 
American  forces,  there  was  another  uprising  of  the  Taos 
Indians.  The  Indians  fortified  themselves  and  offered  a  stub- 
born resistance  to  the  American  troops. 

The  land  belonging  to  each  pueblo  is  held  in  common  by 
all  its  inhabitants ;  but  as  a  matter  of  convenience,  it  is 
apportioned  among  the  several  families,  who  dispose  of  the 
fruits  of  their  own  labor.  The  grant,  made  by  the  king  of 
Spain,  of  one  square  league  of  land  to  each  pueblo,  was  con- 
firmed by  the  United  States  government,  although  no  titles  were 
given  to  the  Indians  in  severalty.  It  was  not  the  custom  to 
grant  lands  in  fee  simple.  A  native  could  not  dispose  of  his 
holding  to  a  person  outside  of  his  own  tribe  nor  to  a  Spaniard. 

The  Pueblo  Indians  were  well  advanced  in  the  arts  and 
industries.  The  tillage  of  the  soil  was  practiced  at  an  early 
date,  and  the  method  of  irrigation  was  adopted  long  before 
Spanish  occupation.  At  present  they  carry  on  the  same  mode 
of  agriculture  as  formerly.  The  practice  of  communal  own- 
ership and  family  holdings  is  of  ancient  origin.  The  Indians 
were  accustomed  to  clothe  themselves  in  cotton  fabrics  of  their 
own  weaving,  and  to  this  day  they  continue  to  practice  weav- 
ing by  rude  hand  looms.     Another  industry,  the  making  of 


250  Spanish  Institutions  of  the  Southioest. 

pottery,  was  carried  to  a  degree  of  perfection.  The  variety  and 
perfection  of  this  pottery,  made  both  for  domestic  use  and  for 
ornament,  are  a  cause  of  remark  by  all  explorers,  and  a  treas- 
ure to  the  archaeologist.  Eelic  hunters  to-day  find  the  Indian 
still  engaged  in  making  pottery,  to  which  he  not  infrequently 
accords  great  antiquity. 

Upon  the  whole,  the  Pueblo  Indians  were  a  jovial,  happy 
race,  until  conquered  by  the  Spaniards.  Since  that  time  they 
have  greatly  changed.  Nevertheless,  the  free  life  which  they 
now  enjoy  under  our  beneficent  laws,  enables  them  to  regain 
something  of  their  old  elasticity.  Mr.  John  G.  Owens  says  :^ 
"  Play  finds  its  best  exemplification  in  the  Indian  of  the  South- 
west. Living  in  a  mild  and  genial  climate,  naturally  shiftless 
and  improvident,  this  true  child  of  nature  consumes  his  ex- 
uberant vitality  by  play  instead  of  work This  spirit 

of  playfulness  remains  with  the  boys,  and  characterizes  their 
later  life.  Not  so  with  the  girls.  These  to  the  age  of  thir- 
teen are  very  jolly  and  playful,  but  after  that  they  begin  to 
age  very  rapidly."  Mr.  Owens  describes  many  of  their  games, 
including  the  rabbit-hunt,  the  races,  and  others  less  imposing. 
The  Pueblo  Indians  have  retained  much  of  their  old  life 
since  the  advent  of  the  Spaniards,  although  in  outward  appear- 
ance differences  may  be  discovered.  Formerly  they  led  a 
happy  life,  and  worshipped  their  gods  in  their  own  way. 
The  Spaniards  became  their  task-masters,  and  forced  upon 
them  a  new  religion.  They  gave  the  Indians  new  leaders  and 
a  new  social  system.  Freedom  was  exchanged  by  the  Indians 
for  servitude.  But  they  never  fully  gave  up  the  old  customs 
of  meeting  in  the  estufa,  of  worshipping  their  deities,  and  of 
practicing  their  own  dances  and  games  whenever  opportunity 
offered.  Even  now  they  meet  in  the  council-chamber  as  of 
old,  celebrate  their  games  and  dances,  and  believe  in  their 
ancient  superstitions.     In  his  recent  book  on  "  The  Delight 


^Some  Games  of  Zuni,  John  G.  Owens,  Popular  Science  Monlhly,  May, 
1891. 


The  Social  Condition  of  the  Indians.  251 

Makers,"  Mr.  Bandelier  has  giveu  a  faithful  representation 
of  the  life  of  the  Pueblo  Indian.  Pictures  of  the  religious, 
social,  and  political  life  of  the  Indians  are  clearly  drawn. 
They  show  conclusively  the  continuity  of  their  institutions 
in  the  presence  of  a  higher  civilization. 

The  Indians  of  California  were  not  so  far  advanced  socially 
as  were  the  Pueblo  Indians  of  New  Mexico.  Their  social  and 
political  organization  was  less  complete,  and  their  products  of 
art  were  inferior,  unless  it  be  in  the  case  of  the  ancient  tribes  of 
Santa  Barbara.  But  the  yoke  of  bondage  bore  even  more 
heavily  upon  them.  The  transformation  of  their  wild  and 
jovial  life  into  one  of  a  steady  routine  of  prayer  and  toil  rep- 
resents a  great  contrast,  even  though  we  consider  the  treatment 
of  the  missionaries  to  be  mild  and  humane.  Besides  the 
routine  of  daily  duties,  the  natives  had  their  social  hours 
of  enjoyment.  Not  all  the  time  was  spent  in  prayers, 
not  all  in  labor.  Many  spare  hours  were  spent  in  dancing 
and  playing  games  of  chance,  or  in  associating  in  idleness. 
By  some  their  life  is  pictured  as  harsh  and  severe,  by  others, 
mild  and  humane.  At  best  they  were  unaccustomed  to  order, 
system,  and  confinement,  and  the  transition  to  the  new  life  was 
certainly  difficult. 

The  social  status  of  the  Indian,  even  after  conversion,  was 
uncertain,  and  his  life  unpromising.  The  attempt  of  the  mis- 
sionaries, working  under  the  beneficent  laws  of  the  country,  to 
make  a  citizen  of  him  was  attended  with  so  many  difficulties 
that  it  was  for  the  most  ^part  a  failure.  ""The  contact  with 
stronger  and  more  enterprising  races,  endowed  with  a  mediae- 
val thirst  for  land,  was  fatal  to  all  legally  obtained  rights. 
The  land  question  is  at  the  foundation  of  the  governmental 
system  respecting  the  trpntrnpntj^fiilffii'ior  races.  The  rela- 
tion  of  the  India«-^TrEHe''soins~the  one  tangible  tlmig^bat 
determines  his  social  and  political  status.  Without  a  pernianpht 
right  in  the  soil  there  is  no  hope  of  permfuicutty-irrother 
meitns-of--cixiiization;___I^^  who  liave  a 

deep  sympathy  for  the  Indian  races  of  America  to  speak  of  the 


252  Spanish  Institutions  of  the  Southwest. 

unjust  treatment  that  the  Indians  have  received  from  the 
United  States  in  being  robbed  of  all  their  lands.  However 
unjust  may  have  been  the  dealings  of  the  first  colonists  and 
the  Spanish  government  with  the  natives,  it  may  be  stated  that 
they  held  no  legal  titles  to  the  lands  while  under  the  Mexican 
and  Spanish  rule.  The  moral  right  to  the  land  and  the  lack  of 
justice  in  treatment  in  the  case  of  natives  of  the  United  States 
are  another  question.  Very  early  in  the  history  of  Mexico,  the 
Spanish  government  began  to  formulate  laws  relating  to  the 
treatment  of  the  Indians.  Charles  V.  authorized  the  Viceroys 
to  grant  lands  to  each  Indian  village.  Ten  years  later  the  same 
monarch,  by  a  royal  cedula,  guaranteed  to  the  Spaniards  and 
the  Indians  the  common  use  of  pastures,  woods,  and  waters 
adjacent  to  the  village.  In  1587,  Philip  II.  decreed  that  eleven 
hundred  varas  square  of  land  should  be  guaranteed  to  each  vil- 
lage, and  this  amount  was  afterwards  increased  to  a  square 
leao-ue.^  Subsequent  decrees  define  the  titles  which  the  Indians 
held  in  these  lands  as  merely  possessory.  Philip  IX.,  desiring 
to  protect  the  natives  in  their  rights,  decreed,  in  1642,  that  the 
lands  improved  by  the  Pueblo  Indians  should  belong  to  them  ; 
but  that  they  should  have  power  neither  to  sell  nor  to  alienate 
the  lands.^ 

Again,  in  1781,  the  decree  of  the  Royal  Audiencia  of  Mex- 
ico prohibited  the  Pueblo  Indians  from  selling,  renting,  leasing, 
or  otherwise  disposing  of  lands  in  their  possession,  without  the 
consent  of  the  Audiencia.  It  is  evident  from  these  and  simi- 
lar regulations  that  it  was  the  intention  of  the  Spanish 
government  to  grant  to  the  Indians  only  possessory  rights  in 
the  soil,  the  real  title  remaining  in  the  crown  of  Spain.  When 
the  Mexican  government  attempted  to  secularize  the  missions 
of  California,  but  few  legal  titles  to  the  land  were  given  ;  con- 
sequently, in  most  cases,  their  rights  were  recognized  as 
possessory.  After  the  treaty  of  Guadalupe  Hidalgo,  the 
Pueblo  Indians  of  New  Mexico  were  not  recognized  as  citizens 


Davis,  Conquest  of  New  Mexico,  416.         ^  Ibid. 


Indian  Wkaving. 


The  Social  Condition  of  the  Indiana.  253 

of  the  United  States  or  of  the  Territory.  The  laws  protected 
them  in  their  persons  and  property.  They  had  a  right,  also,  to 
sue  in  the  courts  of  justice,  and  were  amenable  to  the  crimi- 
nal laws  of  the  Territory.  'The  United  States  government 
gave  them  assistance  in  agriculture  and  provided  a  reservation 
of  land  for  their  occupation.  During  the  revolution  in  Mex- 
ico, the  revolting  party  declared  all  persons,  whether  Europeans, 
Africans,  or  Indians,  citizens  of  the  republic.  The  Mexican 
Congress  repeated  this  doctrine  several  times  during  the  period 
of  the  change  of  government.^  But  after  the  national  consti- 
tution was  adopted,  the  Indians  were  always  considered  as 
wards  of  the  government. 

The  Indians  of  the  southwest,  therefore,  continued  wards 
of  the  government  after  the  close  of  the  Mexican  rule ;  and 
they  will  so  continue  until,  placed  in  possession  of  a  fixed 
amount  of  land,  they  give  up  their  pastoral  and  nomadic  habits 
and  settle  down  to  the  pursuit  of  agriculture  and  the  industrial 
arts.  This  must  be  accompanied  with  privileges  of  local  self- 
government,  and  eventually  with  the  privileges  of  full  citizen- 
ship. Even  then,  their  permanent  social  and  political  condition 
will  not  be  assured.  The  process  of  changing  from  their  present 
state  to  one  of  independence,  thrift,  industry,  intelligence,  per- 
manent ownership  of  the  land,  and  guaranteed  political  rights  is 
not  only  dangerous,  but  is  also  difficult  and  uncertain.  Years 
and  years  of  education,  generations  of  change,  the  accumula- 
tion of  property,  and  the  change  of  desires  and  tendencies  must 
be  brought  about  before  the  Indians  can  hope  to  enter  the  lists 
on  an  equal  footing  with  the  races  with  which  they  come  in 
contact.  It  is  feared  that  before  this  stage  is  reached  the  Indian 
problem  will  solve  itself  Toil,  self-determination,  and  self- 
support  must  characterize  the  Indians  in  the  future,  or  they 
will  be  crowded  to  the  wall  in  the  struggle  for  existence. 
The  lands  which  they  occupy  must  yield  their  natural  produce, 
the  room  which  they  take  must  yield  its  proper  return  of  labor 


1  Davis,  El  Gringo,  149. 


254  SjKcnish  Institutions  of  the  Southwest. 

products,  or  they  will  certainly  reap  a  swift  and  sure  destiny. 
If  they  remain  weak,  indolent,  and  irresolute,  the  protecting 
care  of  the  government  will  eventually  fail  to  save  them  from 
horaelessness  and  destruction. 

The  civilization  which  the  Spaniards  attempted  to  force  upon 
the  natives  was  inferior  to  that  which  they  must  face  and 
attempt  to  adopt  at  present.  The  Spaniards  led  a  slow,  easy- 
going life,  and  the  centuries  of  time  occupied  in  developing 
the  neophyte  civilization  show  what  progress  may  be  made 
if  sufficient  time  be  given.  Subsequent  history  proves  how 
quickly  these  long-developed  institutions  may  be  destroyed  by 
a  single  revolutionary  act.  With  the  best  eiforts,  the  Indians 
have  never  attained  a  position  approaching  social  or  political 
equality  with  the  whites ;  they  are  not  even  theoretically 
equal  before  the  law.  They  show  little  aptitude  for  political 
organization  of  the  modern  type,  and  have  less  opportunity 
to  practice  it.  Education  and  change  of  pursuits  may  finally 
guarantee  to  a  remnant  of  the  race  the  rights  of  citizenship 
and  equality  before  the  law,  and  give  them  a  respecta- 
ble social  position.  Some  progress  has  been  made  in  the 
various  Indian  schools,  and  missionaries  have  done  much  in  a 
religious  way ;  but  it  may  well  be  questioned  whether  the 
majority  of  the  Indians  on  our  reservations  have  a  better 
social  status  than  the  Pueblo  Indians  had  before  the_first 
European  entered  their  territory. 


CHAPTER  XII. 
Social  and  Political  Life  of  the  Colonists. 

The  character  of  the  people  of  California  diifered  from  that 
of  every  other  Spanish  province.  Owing  to  its  isolated  position, 
there  was  but  little  communication  with  the  remainder  of  the 
Spanish  dominion,  and  there  sprung  up  an  independent  spirit 
not  observed  elsewhere  in  Spanish  America.  There  was  also 
a  larger  per  cent,  of  pure  Spanish  blood  in  the  colonists  here 
than  in  some  of  the  older  provinces  of  New  Spain.  In  this 
fact  the  colonists  took  great  pride,  and  often  spoke  of  their 
Castilian  descent.  Yet  with  all  this  independence  and  pride, 
there  was  nothing  to  be  compared  to  the  earnest,  vigorous  life 
of  the  Puritan  colonists  of  New  England.  The  Spanish  colo- 
nist was  not  zealous  in  building  up  a  new  government,  in 
developing  the  resources  of  the  country,  or  in  providing  for  the 
education  of  his  children.  As  a  rule,  he  himself  was  ignorant 
and  knew  little  of  the  culture  and  refinement  that  result  from 
educational  advantages.  Besides,  had  he  desired  it,  there  were 
no  opportunities  for  education,  either  from  books  or  from  the 
world.  Shut  out  from  contact  with  other  men  as  well  as 
secluded  from  their  observations,  he  knew  nothing  but  the 
easy-going  life  in  a  land  where  bountiful  harvests  supplied  his 
needs  without  much  exertion. 

In  the  small  towns  the  common  settlers  were  old  soldiers 
who  had  served  out  their  time  and  were  granted  land  in  pay- 
ment of  past  services.  The  upper  class  was  composed  of 
officials  and  their  families.  On  the  great  ranches  were  fre- 
quentlv  men  of  high  rank,  in  whose  veins  flowed  the  best  blood 

255 


256  Spanish  Institutions  of  the  Southwest. 

of  Castile.  Here  then  were  mingled  two  classes  of  people,  the 
Mexicans  and  the  Spanish,  speaking  two  dialects  of  the  Span- 
ish language.  The  old  Castilian,  showing  disdain  for  the 
Mexican  and  his  language,  took  great  pride  in  his  own 
language  and  pedigree.  Of  this  people  the  majority  were 
kind-hearted  and  jovial,  as  is  usually  the  case  with  people  on 
the  frontier  who  are  not  too  greatly  burdened  with  the  cares 
of  life.  Their  duties  were  not  severe,  and  the  free  out-door 
life  kept  them  in  good  health  and  cheerful.  There  was  no 
necessity  for  the  excessive  labor  which  is  generally  the  lot  of 
the  pioneer.  The  neophytes  of  the  missions  did  nearly  all  of 
the  work.  The  Spaniard  lived  on  horse-back ;  riding  was  his 
only  industrial  occupation.  The  Indians  did  all  of  the  menial 
work  and  served  the  Spaniards  as  a  race  of  slaves. 

At  the  fort  a  small  town  grew  up,  consisting  of  soldiers' 
families  and  those  who  settled  there  for  protection.     Garrison 
duty  in  one  of  these  forts  consisted  in  chasing  an  occasional 
stray  Indian,  disciplining  the  neophytes  of  the  missions  when 
called  upon  by  the  missionaries,  and  tending  the  horses  and 
cattle  on  the  king's  farm.    It  was  a  lazy  life  at  best,  and  colo- 
nists felt  no  need  of  exertion  to  combat  cold  or  hunger,  to 
clear  forests,  or  to  subdue  the  soil.     The  laws  that  governed 
the  province  were  made  in  Spain  or  Mexico,  and  were  of  such 
tenor  as  to  credit  him  with  few  powers  of  self-government. 
There  was,  therefore,  no  inducement  for  him  to  interest  him- 
self greatly  in  municipal  or  provincial  government.     Individ- 
ually, the  colonist  was  industrially  and  socially  free.     There 
was  not  much  wealth  in  the  country,  and  as  the  markets  were 
limited,  there  was  not  much  inducement  to  raise  surplus  crops. 
Yet  there  was  plenty  for  all  and  this  without  much  labor, 
while  a  race  of  servants  performed  all  menial  services.     It 
was  a  land  of  peace  and  plenty ;  a  land  of  sunshine  and  ease ; 
a  land  possessed  by  a  light-hearted  and  happy  people.     The 
descriptions  of  numerous  travelers  who  visited  the  Pacific  coast 
during  the  time  of  Mexican  and  Spanish  dominion,  together 
with  old  manuscripts,  and  the  recital  of  the  members  of  the 


Social  and  Political  Life  of  the  Colonists.  257 

prominent  families  of  tlie  early  colonists,  have  given  us  glimpses 
of  a  social  and  political  life  free  as  in  an  uncivilized  state. 

The  hospitality  of  the  colonists  Avas  unbounded  ;  they  were 
always  glad  to  entertain  strangers.  In  this  the  padres  of  the 
missions  were  not  excelled  by  the  owners  of  the  haciendas.  A 
person  could  travel  from  San  Francisco  to  San  Diego  and 
never  pay  out  a  shilling.  A  saddle  horse  would  be  furnished 
him  at  one  mission  on  which  to  ride  to  the  next,  and  there  a 
relay  would  be  furnished.  At  the  missions  he  would  be 
received  with  hospitality  and  be  treated  to  the  best  food  and 
shelter  the  place  alForded.  Among  the  Spaniards  of  the  better 
class  it  was  customary  to  leave  in  the  guest  chamber  a  small 
heap  of  silver,  covered  by  a  cloth.  If  he  was  in  need,  the 
guest  was  expected  to  uncover  this  and  take  such  a  portion  as 
was  sufficient  to  supply  his  immediate  wants.  This  custom 
passed  out  of  use  after  American  and  other  foreign  adventurers 
came  to  the  coast.  Times  had  changed,  and  frequently  the 
traveler  did  not  scruple  to  help  himself  for  prospective  need. 
The  spirit  of  generosity  pervading  the  people  is  well  illustrated 
by  the  following  incident.  A  Spanish  girl,  Amalia  Sibrian, 
relates  her  experience  on  a  journey  from  Monterey  to  Los 
Angeles  in  1829.^  A  young  American  accompanied  her  father's 
party,  who  insisted  on  paying  for  everything  he  received. 
"  At  one  house  the  seflora  gave  him  some  fruit,  whereupon  he 
handed  her  two  reals  which  she  let  fall  on  the  floor  in  surprise 
while  the  old  Don,  her  husband,  fell  upon  his  knees  and  said 
in  Spanish,  '  Give  us  no  money,  no  money  at  all ;  every  thing 
is  free  in  a  gentleman's  house ! '  A  young  lady  who  was  pre- 
sent exclaimed  in  great  scorn, '  Los  Engleses  pagar  por  todos  ! ' 
(The  English  pay  for  every  thing.)"  Among  the  American 
pioneers  of  a  more  recent  time  somewhat  of  this  same  hospi- 
tality existed.  You  were  welcome,  if  congenial,  to  stay  a 
week  or  a  month,  to  use  horses  and  saddles  free  of  charge,  and 
there  was  danger  of  offence  in  offering  to  pay  for  the  hospitality. 

1  Century,  XLI,  469. 
17 


258  Spanish  Institutions  of  the  Southwest. 

The  sources  of  amusement  iu  this  sparsely  settled  province 
were  not  many,  yet  the  people  found  occasion  to  exercise  their 
social  nature  to  a  considerable  extent.  Balls  and  dances 
were  given  very  frequently.  Indeed  the  guitar  and  violin 
were  seldom  absent  from  any  gathering  and  had  an  impartial 
place  in  most  of  the  homes.  There  were  numerous  feasts 
and  carnivals,  at  which  the  people  gathered  from  many  miles 
around  and  engaged  in  the  festivities  of  the  occasion,  always' 
ending  in  a  ball.  At  the  ball  there  was  a  variety  of  dances, 
including  the  celebrated  fandango.  The  use  of  cascarones  was 
commonly  practiced  at  all  great  entertainments.  Cascarones  are 
egg-shells  filled  with  finely-cut  gold  and  silver  paper,  cologne, 
or  harmless  colored  water.  Sometimes,  prior  to  the  formal 
opening  of  the  carnival,  on  the  journey  or  at  the  arrival,  cas- 
carones were  broken  upon  one  another.  Sometimes  the  sport 
became  so  rude  that  the  dresses  of  the  ladies  and  the  faces  of  the 
Spanish  cavaliers  suffered.  At  the  ball  this  sport  was  fre- 
quently dispensed  with ;  but  it  is  related  by  travelers  that  it 
was  the  custom  of  the  dance  for  the  sefioritas  to  break  cascarones 
of  cologne  water  upon  the  heads  of  their  favorites  at  the  party. 
It  is  represented  as  a  challenge  to  dance  or  a  friendly  banter. 
Besides  general  fiestas  there  were  frequent  country  dances  where 
the  neighborhood  beaux  and  belles  congregated  for  an  evening's 
amusement.^ 

Dana  gives  the  following  description  of  the  "  fandango  "  at 
Santa  Barbara  which  followed  the  marriage  of  Dofla  Anita  de 
la  Guerra  de  Noriega  y  Carillo,  of  one  of  the  first  families  in 
California.  The  marriage  ceremony  was  duly  celebrated  in 
the  morning,  and  the  dance  occurred  in  the  evening.  "  The 
bride's  father's  house  was  the  principal  one  in  tlie  place,  with 
a  large  court  in  front,  in  which  a  tent  was  built,  capable  of 
containing  several  hundred  people.  "  As  we  drew  near,  we 
heard  the  accustomed  sound  of  violins  and  guitars,  and  saw  a 
great  motion  of  the  people  within.     Going  in,  we  found  nearly 

1 A  Carnival  Ball  at  Monterey  in  1829,  Century,  Jan.,  1891. 


Social  and  Political  Life  of  the  Colonists.  259 

all  of  the  people  of  the  town — men,  women,  and  children — 
collected  and  crowded  together,  leaving  barely  room  for  the 
dancers ;  for  on  these  occasions  no  invitations  are  given,  but 
every  one  is  expected  to  come,  though  there  is  always  a  private 
entertainment  in  the  house  for  particular  friends.  The  old 
women  sat  down  in  rows,  clapping  their  hands  to  the  music,  and 
applauding  the  young  ones.  The  music  was  lively  and  among 
the  tunes  we  recognized  several  of  our  popular  airs,  which  we 
without  doubt  have  taken  from  the  Spanish.  In  the  dancing 
I  was  much  disappointed.  The  women  stood  upright,  with 
their  hands  down  by  their  sides,  their  eyes  fixed  upon  the 
ground  before  them,  and  slided  about  M'ithout  any  perceptible 
means  of  motion ;  for  their  feet  were  invisible,  the  hem  of 
their  dress  forming  a  circle  about  them,  reaching  to  the  ground. 
They  looked  as  grave  as  though  they  were  going  through  some 
religious  ceremony,  their  faces  as  little  excited  as  their  limbs ; 
and  on  the  whole,  instead  of  the  spirited  fascinating  Spanish 
dances  which  I  had  expected,  I  found  the  California  fandango, 
on  the  part  of  the  women  at  least,  a  lifeless  aifair.  The  men 
did  better.  They  danced  with  grace  and  spirit,  moving  in 
circles  around  their  nearly  stationary  partners  and  showing 
their  figures  to  an  advantage."  ^  Mr.  Dana  continues  with  an 
animated  description  of  other  dances  and  games  which  took 
place  at  "the  fandango." 

In  all  of  the  provinces  of  Spain,  the  national  sport  of 
bull-fighting  was  derived  from  the  mother  country.  Even 
to  this  day  it  is  a  customary  sport  in  the  Spanish  American 
republics.  However,  in  primitive  California  it  was  less  cruel 
than  in  old  Spain  or  Mexico.  The  audience  having  assembled 
on  raised  seats  and  platforms,  the  bull  is  let  into  the  ring. 
He  snorts,  rushing  furiously  from  side  to  side  as  if  he  would 
destroy  everything  in  his  way.  But  instead  of  attacking  the 
horsemen  he  retires  to  one  side  of  the  arena,  where  he  con- 


^  Dana,  Tivo  Years  be/ore  the  Mast,  281. 


260  Spanish  Institutions  of  the  Southwest. 

tinues  to  paw  the  earth  and  bellow.^  Soon  a  horseman 
approaches  the  bull  and  waves  toward  him  a  scarlet  cloak  or 
gaudy  serape.  The  animal  rushes  frantically  toward  the  horse- 
man, who  skilfully  avoids  the  charge.  The  excitement  now  be- 
gins ;  for  some  on  horses  and  some  on  foot  skilfully  endeavor  to 
avoid  the  infuriated  creature.  The  gay  senioritas  wave  scarfs, 
handkerchiefs,  and  shaAvls  to  the  bold  knights  of  the  arena. 
After  one  bull  is  worn  out  by  the  struggle,  another  is  let  in  to 
undergo  the  same  test  as  his  predecessors.  Occasionally  a 
horse  is  overturned  or  gored  by  the  animal ;  which  serves  to 
increase  the  interest.  Thus  the  popular  thirst  for  sport  is 
satisfied.  Other  sports  are  cock-fighting  and  cock-pulling. 
The  latter  consisted  in  planting  the  cock  in  the  sand  with  his 
head  protruding,  and  the  horseman  riding  at  full  speed  and 
without  dismounting,  pulled  the  fowl  from  the  sand.  It  took 
considerable  skill  to  accomplish  this  feat,  for  a  firm  grasp  was 
essential  in  order  to  secure  the  prize.  Many  other  amusements 
were  practiced  by  this  idle,  jovial  people.  As  one  might  ex- 
pect, gambling  was  practiced  here  as  in  other  new  countries  and 
occupied  much  of  the  time  of  certain  classes.  The  early 
colonists  did  not  lack  for  amusement  and  apparently  had  plenty 
of  time  to  engage  in  sport. 

The  dress  of  the  colonists  was  simple  and  antique,  except  on 
extra  occasions,  when  those  who  could  afford  it  adorned  them- 
selves with  such  extravagant  clothing  as  the  country  could 
furnish.  The  infrequency  of  the  visits  of  ships  laden  with 
o-oods  and  furnishings  from  Spain  or  Mexico,  rendered  the 
supply  extremely  limited  for  those  who  desired  elaborate  ward- 
robes. This  fact,  coupled  with  the  impoverished  condition  of  the 
people  as  to  money  or  exchangeable  articles,  kept  dress  within 
the  bounds  of  simplicity  and,  in  many  instances,  of  poverty. 
Travelers  tell  us  of  the  want  of  the  soldiers  of  the  garrisons  for 
respectable  clothing.  The  style  of  clothing  changed  at  differ- 
ent periods  and  varied  in  different  localities  according  to  the 

^  Robinson's  Life  in  California,  208. 


Social  and  Political  Life  of  the  Colonists.  261 

contents  of  the  last  cargo  of  finery  that  arrived  on  the  last  ship 
from  Spain.  Bancroft  cites  many  authorities  of  travelers 
concerning  the  dress  of  the  inhabitants.^  Robinson  in  speak- 
ing of  the  female  attire  at  Santa  Barbara  about  1829,  says, 
"  The  dress  worn  by  the  middling  class  of  females  is  a  chemise 
with  short  embroidered  sleeves,  richly  trimmed  with  lace,  a 
muslin  petticoat  flounced  with  scarlet  and  secured  at  the  waist 
by  a  silk  band  of  the  same  color,  shoes  of  velvet  or  blue  satin, 
a  cotton  reboso  or  scarf,  pearl  necklace  and  ear-rings  with  the 
hair  falling  in  broad  plaits  down  the  back.  Others  of  the 
higher  class  dress  in  the  English  style,  and  instead  of  the 
reboso,  substitute  a  rich  and  costly  shawl  of  silk  or  satin. 
There  is  something  graceful  in  the  management  of  the  reboso 
that  the  natives  can  alone  impart,  and  the  perfect  nonchalance 
with  which  it  is  thrown  about  them  and  worn  adds  greatly  to  its 
beauty."^  The  reboso  is  still  used  in  Mexico  and  Spain  as  a 
part  of  the  national  dress  but  has  nearly  disappeared  from  the 
precincts  of  the  United  States.  At  the  time  when  Robinson 
wrote,  a  great  number  of  the  people  adhered  to  the  ancient  cos- 
tumes, a  century  old.  "Short  clothes,  and  jacket  trimmed 
with  scarlet,  a  silk  sash  about  the  waist,  botas  of  ornamented  and 
embroidered  deerskin,  secured  by  colored  garters,  embroidered 
shoes,  the  hair  long,  braided  and  fastened  behind  with  ribbons, 
a  black  silk  handkerchief  around  the  head,  surmounted  by  an 
oval  and  broad  brimmed  hat,  is  the  dress  usually  worn  by  the 
men  of  California."^  This  description  of  the  dress  of  the 
Californians  at  this  period,  with  some  variations,  represents  the 
several  costumes  of  old  Spain  down  to  the  middle  of  the  pres- 
ent century.  And  these  costumes  prevailed  in  America  long 
after  their  principal  features  had  been  abandoned  in  the  old 
country. 

The  best  representations  of  the  social  life  of  the  Spaniards 
on  the  Pacific  coast  are  to  be  obtained  from  the  writings  of 


^  Bancroft,  California  Pastoral,  360  et  se<j. 

*  Eobinson,  Life  in  California,  46.  '^  /6k/.,  47 


262  Spanish  Institutions  of  the  Southwest. 

travelers  who  visited  California,  or  else  from  the  stories  of  the 
survivors  of  early  times.  Richard  Henry  Dana,  who  visited 
California  in  1834-5,  gives  some  graphic  descriptions  of  the 
customs  and  habits  of  the  people.  "  The  Californians,"  he 
says,  "are  an  idle,  thriftless  people,  and  can  make  nothing  for 
themselves.  The  country  abounds  in  grapes,  yet  they  buy,  at 
a  great  price,  bad  wine  made  in  Boston  and  brought  around 
by  us  and  retail  it  among  themselves  at  a  real  (12|  cents)  by 
the  small  wine-glass.  Their  hides,  too,  which  they  value  at 
two  dollars  in  money,  they  barter  for  something  that  costs 
seventy-five  cents  in  Boston ;  and  buy  shoes  (as  like  as  not 
made  of  their  own  hides,  which  have  been  carried  twice  around 
Cape  Horn)  at  three  and  four  dollars,  and  'chicken  skin 
boots '  at  fifteen  dollars  a  pair.  Things  sell  on  an  average,  at 
an  advance  of  three  hundred  per  cent,  upon  Boston  prices."  ^ 
The  dress  of  the  people  of  Monterey  at  this  time  was  similar 
to  that  worn  in  old  Spain.  The  officers  at  the  presidio  dressed 
according  to  the  custom  of  the  country.  Mr.  Dana  gives  the 
following  description  of  their  picturesque  style.  They  wore 
a  "  broad-brimmed  hat,  usually  of  a  black  or  dark  brown 
color,  with  a  gilt  or  figured  band  around  the  crown,  and  lined 
under  the  rim  with  silk ;  a  short  jacket  of  silk  or  figured 
calico  (the  European  skirted  body-coat  is  never  worn) ;  the 
shirt  open  in  the  neck ;  rich  waistcoat,  if  any ;  pantaloons 
open  at  the  sides  below  the  knee,  laced  with  gilt,  usually  of 
velveteen  or  broadcloth;  or  else  breeches  and  white  stock- 
ings." ^  Their  shoes  are  made  of  deerskin,  much  ornamented. 
In  place  of  suspenders  they  always  wore  a  red  sash  around 
the  waist  which  varied  in  quality  according  to  the  wealth  of 
the  owner.  In  addition  to  this,  the  serapa  or  the  poncho,  and 
the  costume  was  complete.  The  better  class  of  people  wore 
cloaks  of  black  broadcloth,  with  abundant  trimmings.  The 
middle  classes  wore  the  poncho,  a  large  square  cloth  with  a 


'  Dana,  Two  Years  Before  the  Mast,  85. 
2  Dana,  83. 


Social  and  Political  Life  of  the  Colonics.  2G3 

hole  in  the  ceutre  for  the  head.  The  lower  classes  and  Indians 
wear  the  blanket.  So  the  serapa  in  its  different  forms  deter- 
mined the  rank  of  the  wearer.  Among  the  Californians  there 
were  no  working  classes,  the  Indians  performing  all  menial 
services.  Therefore  the  poorer  classes  of  Spaniards  appear  as  if 
in  holiday  attire,  "  and,  every  rich  man  looks  like  a  grandee, 
and  every  poor  scamp  like  a  broken  down  gentleman.  I  have 
often  seen  a  man  with  a  fine  figure  and  courteous  manners, 
dressed  in  broadcloth  and  velvet,  with  a  noble  horse  com- 
pletely covered  with  trappings,  without  a  real  in  his  pockets, 
and  absolutely  suffering  for  something  to  eat."  * 

The  women  wore  gowns  of  silk,  satin,  or  calico,  made  after 
European  patterns,  except  that  they  had  short  sleeves  and  wore 
no  corsets.  Their  shoes  were  of  satin  or  kid  and,  like  the  men, 
they  wore  bright  colored  sashes.  They  had  no  bonnets  and 
their  hair  was  usually  worn  long,  either  loose  or  in  braids. 
If  it  were  necessary  to  protect  the  head,  the  Spanish  woman 
covered  it  with  a  mantle,  which  is  worn  on  most  occasions. 
The  love  of  dress  and  display  is  characteristic  of  lK)th  men 
and  women.  The  better  class  of  Spaniards  take  great  pride 
in  their  purity  of  blood.  The  families  of  this  class  were 
mostly  composed  of  the  officials  either  in  active  service  or  those 
having  settled  in  the  vicinity  after  the  expiration  of  their  term 
of  office.  These  are  careful  never  to  intermarry  with  lower 
classes  of  people  and  thus  are  able  to  keep  their  so-called 
Castilian  blood  free  from  the  contamination  of  the  base  born. 
Bartlett,  who  visited  Monterey  in  1852,  says  that  "  Monterey 
has  always  been  noted  for  its  excellent  society ;  and  although 
the  Americans  have  monopolized  every  other  town  in  the 
State,  it  still  preserves  much  of  its  original  character."  -  He 
says  further,  that  "the  old  Californian  or  Castilian  lamilies 
are  still  in  the  ascendancy,  but  the  young  Americans  and 
other  foreigners  are  making  terrible  inroads  upon  them,  and 


'  Dana,  84. 

*  Bartlett,  Personal  Narrative,  II,  73. 


264  Spanish  Institutions  of  the  Southwest. 

carrying  off  their  fair  daughters."  He  speaks  of  the  grace 
and  beauty  of  the  Spanish  ladies  and  of  the  superiority  of 
the  inhabitants  of  California  over  those  of  Mexico,  which  he 
attributes  to  purity  of  blood  and  a  superior  climate. 

The  Spanish  people  were  always  extremely  polite,  even  to 
superficiality  in  ceremony.  It  was  customary  for  each  mem- 
ber of  the  family  to  meet  and  embrace  an  acquaintance  as  he 
entered  the  room.  This  cordiality  was  given  to  strangers  as 
soon  as  the  people  of  the  household  whose  guest  he  was  recog- 
nized his  genuine  character.  This  ease  and  grace  of  character 
extended  to  all  classes  of  people.  The  Mexicans  of  New 
Mexico  are  well  described  by  Mr.  Davis  in  "  El  Gringo." 
"They  are  distinguished  for  their  politeness  and  suavity." 
It  matters  not  how  evil  his  character,  the  poorest  wretch  of 
the  country  often  exhibits  a  refinement  that  would  become  a 
prince.  This  address  and  courtesy  is  practiced  towards  each 
other  as  well  as  toward  strangers.  "  In  their  houses  they  are 
particularly  courteous,  and  in  appearance  even  outdo  the  most 
refined  code  of  politeness."  As  you  enter  their  house  they 
assure  you  that  you  are  at  home  and  that  they  are  entirely  at 
your  disposal.  Should  you  happen  to  admire  an  article  in 
the  house,  "  the  owner  immediately  says  to  you,  '  Tomele 
Vmcl,  Senor  es  suyo'  (take  it,  sir,  it  is  yours).  But  in  these 
flattering  expressions  the  stranger  must  bear  in  mind  that  the 
owner  has  not  the  most  remote  idea  that  he  will  take  him  at 
his  word — that  he  will  either  command  his  household,  lay  his 
personal  services  under  contribution,  or  carry  off  whatever 
pleases  his  fancy." 

The  society  at  the  centers  of  population  was  peculiarly  marked 
by  the  surroundings  of  the  pioneer  life.  A  portion  of  the 
time  was  devoted  to  the  enjoyment  of  such  pleasures  as  the 
country  afforded.  The  homes  in  which  the  colonists  dwelt, 
whether  in  the  towns  or  on  the  ranches,  were  of  the  rudest 
structure.  They  were  neither  beautiful,  artistic,  convenient,  nor 
comfortable.  But  the  scanty  means  for  improving  buildings 
made  any  sort  of  a  protection  desirable  in  a  new  country. 


Social  and  Political  Life  of  the  Colonists.         265 

In  addition,  the  mild  climate  and  the  constant  out-of-door  life 
diminished  the  inducements  to  build  substantially,  even  were 
the  means  present.  The  people  lived  out  of  doors,  and 
returned  to  the  house  for  sleeping  and  eating.  Nearly  all  of 
the  pioneer  houses  were  of  adobe  with  coarse  timbers  for  the 
framework  and  the  universal  tile  roof.  Sometimes  these  one- 
story  adobes  were  whitewashed  without,  plastered  within,  and 
had  board  floors;  but  frequently  they  were  without  any  of  these 
marks  of  comfortable  appearance.  Very  little  attempt  was 
made  at  adornment  of  yards  and  gardens  with  flowers,  and 
little  attention  was  given  to  surrounding  appearances.  The 
interior  of  the  buildings  was  rude  in  the  extreme.  The  only 
furniture  consisted  of  a  bench  along  the  wall  and  possibly  a 
few  chairs  plaited  with  thongs  of  raw-hide.  The  rooms  were 
seldom  floored,  much  less  carpeted.  In  an  alcove,  or  at  one 
side,  was  the  bed,  separated  from  the  main  room  by  curtains 
or  board  partitions.  The  floor  was  usually  of  hard  earth. 
Although  the  majority  of  these  houses  have  gone  to  ruin,  the 
writer  has  visited  houses  of  this  description,  occupied  by 
rancheros  and  their  families  in  the  rural  parts  of  California. 
There  was  a  better  class  of  houses  of  a  block  shape  with  small 
inner  courts  where  flowers  bloomed  and  possibly  fountains 
played.  This  type  is  after  the  fashion  of  the  houses  in  the 
villages  of  Spain  and  prevails  to  a  great  extent  in  some  of  the 
Spanish  towns  of  New  Mexico.  All  around  the  inner  court 
was  a  gallery  or  corridor  upon  which  opened  the  rooms  of  the 
house.  These  houses  were  frequently  well  supplied  with  im- 
ported furniture.  The  beds  of  the  poorer  houses  were  gener- 
ally formed  of  raw-hide  stretched  across  head  and  foot  pieces, 
or  else  common  boards  fastened  to  the  sides  of  the  house  at  one 
or  both  ends  for  support.  Sometimes  the  outside  door  was 
formed  by  a  frame  covered  with  raw-hide.  The  houses  sel- 
dom had  chimneys  or  fireplaces,  for  the  climate  was  sufficiently 
warm  to  render  the  trouble  unnecessary.  The  kitchen  was 
separated  from  the  sleeping  apartment.  Homely  as  were 
these  accommodations,  they  were  occupied  by  a  cheerful  and 


266  Spanish  Institutions  of  the  Southwest. 

happy  people  whose  only  great  aim  in  life  was  that  of  existing. 
These  homely  apartments,  if  in  town,  were  presided  over  by  a 
fair  sefiorita,  who  directed  the  affairs  of  the  household  and 
commanded  the  numerous  Indian  servants  who  performed  all 
the  menial  service.^ 

Of  the  state  of  society  in  the  colonial  period  much  may  be 
inferred  from  what  has  already  been  said.  As  the  towns  grad- 
ually developed,  home  products  increased,  and  foreign  trade 
improved.  There  were  greater  marks  of  a  settled  state  of  society 
and  of  civilization  in  general.  By  1830,  San  Jos§  contained 
about  one  hundred  houses,  besides  a  court-house  and  Jail. 
Many  of  the  houses  were  surrounded  by  a  garden  and  fruit 
trees,  while  a  wider  vista  disclosed  extensive  fields  of  wheat  and 
corn.  Irrigation  was  carried  on  to  a  considerable  extent  and 
the  stream  that  furnished  the  water  also  lent  its  power  to  run 
a  respectable  grist  mill.  A  well  known  writer  of  the  period 
describes  the  men  as  "indolent  and  addicted  to  many  vices, 
caring  little  for  their  children,  who  like  themselves  grew  up 
unworthy  members  of  society." — The  same  writer  praises  the 
female  members  of  the  community  as  chaste,  industrious,  and 
of  correct  deportment.  This  condition  of  affairs  he  applies  to 
the  country  in  general.  Society  was  in  a  state  of  confusion. 
At  a  later  period  and  in  the  wealthier  communities  there  was 
greater  distinction  of  classes  ;  especially  was  this  true  of  Mex- 
ico. In  that  country,  even  to  the  present  time,  the  Indian, 
the  Mexican  and  the  Spanish  of  pure  blood  form  a  series  of 
classes  almost  as  distinct  as  the  castes  ol"  India.  Among  all 
Spanish  inhabitants  there  was  extreme  veneration  for  the 
missionary  priests  and  a  faithful  adherence  to  the  practices  of 
the  Catholic  church.     The  superiority  of  the  friar  in  iutelli- 


^  In  the  Century  for  Jan.,  1891,  will  be  found  two  cuts  of  famous  Spanish 
houses ;  the  one  of  General  Vallejo  at  Sonoma,  and  the  other  of  the  Camu- 
los  Eanch  rendered  prominent  by  Helen  Hunt  Jackson's  "Kamona."  In 
the  same  contribution,  by  Chas.  Howard  Shinn,  is  a  picture  of  the  Guerra 
Mansion,  illustrating  a  home  of  another  style. 


Social  and  Political  Life  oj  the  Colonists.  267 

gence  and  general  knowledge  of  the  world,  placed  him  in  a 
station  far  above  the  average  status  of  the  community  ;  tliere- 
fore  he  wielded  great  influence. 

Throughout  California  the  ancient  usages  of  the  mother 
country  survived  in  the  attempt  to  suppress  immorality  by 
civil  law.  The  institutions  of  Sola,  in  1816,  declared  that 
"  harmony  and  good  morals  must  be  maintained  and  particu- 
lar precautions  must  be  taken  to  prevent  adultery,  gaml)ling 
and  drunkenness.^  It  was  also  stated  that  religious  duties 
should  be  enforced  by  the  stocks  and  there  should  be  no  inter- 
course maintained  between  the  citizens  and  the  Indians. 
Notwithstanding  the  power  and  the  influence  of  the  friars,  who 
stood  for  the  church,  there  seems  to  have  been  but  little  inter- 
est in  the  progress  of  civil  society  except  as  it  tended  to  for- 
ward the  interests  of  the  neophytes  of  the  missions.  Perhaps 
the  dealings  of  the  Spaniards  with  the  natives  had  taught  the 
padres  to  protect  their  own  interests  and  to  defend  the  Indians. 
At  least  the  friars  always  assumed  a  great  deal  of  power  which 
they  sometimes  wielded  without  authority. 

The  friars  were  opposed  to  popular  education,  and  as  there 
was  a  lack  of  funds  in  the  treasury  and  few  teachers,  all  of 
poor  qualifications,  education  did  not  flourish.^  The  attend- 
ance in  the  primary  schools  established  was  very  small,  and 
the  actual  good  accomplished  of  doubtful  significance.  At 
San  Diego,  in  1829,  there  was  a  primary  school  of  eighteen 
scholars;  the  teacher  jSIenendez  was  paid  from  fifteen  to 
twenty  dollars  per  month,  out  of  the  municipal  funds.^  At 
an  earlier  period,  Sola  founded  a  school  at  Monterey,  and  took 
a  great  interest  in  the  education  of  the  children  ;  this  subject 
having  been  much  neglected  before  this  time.  "  Children  were 
taught  religion,  reading, writing,  and  reckoning,"  four  r's  instead 
of  the  three  characteristic  of  the  primitive  school  of  the  eastern 


1  Bancroft,  California,  II,  390. 

'  Bancroft,  California,  II,  679.  *  Bancroft,  California,  II,  548. 


268  Spanish  Institutions  of  the  Southwest. 

colonies.  Thus,  between  the  formal  rites  of  the  church  on  one 
side  and  a  life  given  over  to  the  pleasures  of  the  hour  on  the 
other,  with  enforced  idleness  on  account  of  the  services  of  the 
neophytes  and  preparation  for  life  by  way  of  education,  grew 
up  a  race  of  people  not  able,  in  educational  and  industrial 
zeal,  to  cope  with  the  Anglo  Saxons.  A  time  came  when  the 
careless,  indolent,  unprogressive  life  w^as  insufficient  to  main- 
tain the  civilization,  w^iich  had  been  established,  against  the 
rude  encounter  of  a  superior  race.  The  gay,  jovial  life,  full  of 
good  fellowship  and  hospitality,  soon  found  no  opportunity  for 
its  exercise. 

The  industries  of  the  Spanish  population  consisted  chiefly 
in  the  rearing  of  cattle  for  the  commerce  of  the  hides  and 
tallow,  and  a  small  agriculture.  To  the  missions  is  to  be 
credited  the  immense  crops  of  grain  produced  in  these  early 
times.  In  the  towns  small  tracts  of  land  were  apportioned  to 
the  settlers  for  tillage,  but  their  chief  property  consisted  of  the 
flocks  and  herds  that  wandered  beyond  the  precincts  of  the 
town  into  the  great  pasture  fields.  Yet  some  attention  was 
paid  to  crops  and  to  the  introduction  of  different  agricultural 
plants.  Olives  were  introduced  by  the  padres  at  an  early 
date,  and,  in  1801,  these  were  utilized  in  the  manufacture  of  oil. 
An  unsuccessful  attempt  was  made  to  raise  cotton,  in  1808, 
and  hemp  culture  continued  to  receive  attention  from  the 
government  from  time  to  time.  The  soil  was  imperfectly 
tilled,  but  bountiful  harvests  were  secured.  It  is  reported 
that  grain  yielded  a  hundred  fold  from  a  single  sowing. 
The  plow  that  was  used  down  to  the  middle  of  this  century 
w^as  of  primitive  make ;  it  consisted  of  a  crooked  branch  of 
a  tree  sharpened  at  the  end  and  then  shod  with  an  iron 
point.  A  long  pole  extended  to  the  yoke  of  the  oxen,  where 
it  was  fastened  with  a  wooden  pin.  The  ox-yoke  rested 
upon  the  back  of  the  oxen's  heads  and  was  tied  to  the  horns. 
The  driver  took  the  handle  of  the  plow  in  one  hand  and  the 
ox  goad  in  the  other  and  thus  the  soil  was  stirred  and  nature 


Social  and  Political  Life  of  the  Colonists.  269 

smiled  on  the  rude  effort.^  It  was  a  common  practice  for  the 
Spaniards  to  employ  Indians  to  till  the  soil.  The  former 
remained  idle,  giving  from  one-half  to  one-third  of  the  crops 
to  the  latter  for  cultivating  the  soil.^  A  crop  of  wheat  or 
corn  could  be  produced  with  little  labor,  and  fruit  of  all  kinds 
became  plentiful  wnth  little  effort  on  the  part  of  those  who 
would  take  the  trouble  to  plant  trees.  The  vine  was  early 
introduced  and  yielded  bountifully.  Some  wine  was  made 
and  occasionally  a  little  brandy.  There  was  no  market  for 
fruit  beyond  the  amount  demanded  for  home  consumption. 
In  all  domestic  trade  a  tithe  had  to  be  paid  on  every  trans- 
action. 

On  the  great  ranches  cattle  and  sheep  ranged  with  little  at- 
tention. Sometimes  they  became  so  plentiful  that  they  were 
slaughtered  to  lessen  their  number,  there  being  no  market. 
At  San  Fernando  the  sheep  became  so  numerous  that  the 
'•'friars  complained  that  they  must  all  be  killed  as  there  was 
no  place  for  them."^  Many  instances  of  the  slaughter  of 
cattle  to  decrease  their  number  are  recorded  by  Bancroft.  A 
general  council  was  formed  at  San  Jose  in  1806,  by  order  of 
the  Governor,  to  decide  how  many  horses  should  be  killed 
and  how  many  preserved.  It  was  finally  decided  that  twenty- 
-  five  horses  should  be  allowed  to  each  family  and  the  remain- 
der destroyed.  Within  a  month  7500  horses  had  been  killed.* 
The  slaughter  was  continued  at  other  places.  Here  as  else- 
where the  domesticated  Indians  did  most  of  the  work.  Some- 
times they  worked  for  a  plain  support,  sometimes  they  received 
wages  for  services  rendered.  The  missionaries  were  the  first 
toilers  among  the  colonists  of  California.  With  the  aid  of  the 
soldiers,  they  took  and  held  possession  of  the  territory.     But 


^  Plows  of  this  sort  are  still  used  in  some  parts  of  Mexico.  They  are  no 
improvement  on  those  with  which  the  Egyptian  stirred  the  fertile  soil  of 
the  Nile  valley,  fi.ve  thousand  yeai's  ago. 

^Bancroft,  California,  II,  415. 

'  Bancroft,  California,  II,  358.  *  Bancroft,  California,  II,  182. 


270  Spanish  Institutions  of  the  Southwest. 

there  were  not  wanting  from  the  beginning  artisans  to  labor. 
From  time  to  time,  skilled  workmen  in  the  industrial  arts  were 
found  in  every  town  and  at  every  mission.  So,  too,  came 
tradesmen,  and  stores  were  opened  from  which  the  colonists 
secured  their  supplies.  But  manufactures  were  limited  to  the 
needs  of  a  simple  life,  as  were  also  the  articles  of  commerce ; 
consequently  there  could  be  but  little  of  either  commerce  or 
manufacturing. 

As  to  the  political  life,  there  was  comparatively  little 
interest  in  self-government.  The  colonists  belonged  to  a  race 
who  were  jealous  of  their  liberty,  but  centuries  of  rule  by 
princes  and  potentates  who  seldom  consulted  the  wishes  of  the 
people,  in  legislation  or  administration,  had  accustomed  them  to 
the  dictates  of  a  central  authority.  They  performed  their  duties 
perfunctorily  and  with  some  occasional  signs  of  zeal,  but,  as  a 
usual  thing,  they  had  but  little  liberty,  except  to  carry  out  the 
decrees  of  higher  powers.  In  the  towns  there  was  a  show  of 
local  self-government  in  the  election  of  the  alcaldes  and  other 
councilmen,  but  anything  like  national  life  or  nationality 
seemed  to  be  wanting.  Having  no  independence  and  no  close 
bond  of  union  with  the  mother  country  there  was  but  little 
opportunity  to  develop  either  a  national  or  a  colonial  spirit 
of  any  power. 

There  are  still  survivals  of  this  colonial  life  in  the  modern 
state  of  California.  There  are  the  Indian  neophytes,  dispersed 
and  diminished  in  numbers  ;  there  are  the  Mexicans,  who  have 
dwindled  in  power  and  number.  Besides  these,  thirty  of  the 
old  Castilian  families  still  have  surviving  members  engaged 
in  the  industries  of  the  state. 

Even  after  the  end  of  Spanish  rule  in  California,  the  Mex- 
cans  changed  their  method  of  government  but  little.  There 
was  still  a  wide  separation  in  life  and  sympathy  between  the 
people  of  California  and  of  Mexico.  The  exercise  of  indepen- 
dent political  power  was -very  slight.  The  apathy  that 
characterized  other  things  existed  also  in  political  aifairs. 
The  town  officers  endeavored  to  discharge  their  duties  perfunc- 


Social  and  Political  Life  of  the  Colonists.  271 

torily;  the  commandant  of  the  presidio  attended  to  his; 
but  the  townspeople  desired  their  ease  and  pleasure  and  carecl 
little  about  politics.  There  were  plenty  of  laws  and  a  detailed 
system  of  administration,  but  in  execution,  in  actual  govern- 
ment, the  people  were  quite  indifferent.  There  was  considerable 
show  of  a  spirit  of  local  independence  in  the  revolution  that 
occurred  in  1836,  but  it  soon  subsided.  Many  of  the  officials 
were  appointed  in  Mexico  and  sent  out  to  California,  conse- 
quently the  aspirations  for  office  could  not  be  cultivated  with 
much  surety  of  reward.  The  selection  of  a  few  local  officers, 
from  time  to  time,  for  the  proper  government  of  the  town, 
represented  their  chief  exercise  of  political  rights.  Their  laws 
were  already  made  and  their  chief  officers  appointed  ;  so  that 
there  was  nothing  to  be  done. 

Among  all  institutions,  language  is  the  first  to  be  recog- 
nized in  the  contact  of  one  race  with  another,  and  one  of  the 
most  enduring  in  its  effects  in  the  decadence  of  a  system  of 
institutions.  Law,  government,  and  even  religion  may  be 
replaced  with  greater  ease  than  language.  The  Spanish 
language  has  had  an  extended  use  in  America  for  nearly 
four  centuries,  and  is  now  the  common  speech  in  the  Spanish- 
American  republics.  In  many  of  the  towns  and  hamlets  of 
our  own  republic  its  musical  flow  is  still  to  be  heard.  In  the 
region  of  the  southwest,  where  the  English  civilization  has 
not  overpowered  and  nearly  obliterated  the  Spanish  civiliza- 
tion, the  use  of  the  Spanish  language  has  had  a  decided  influ- 
ence on  the  English  tongue,  and  has  added' not  a  few  words 
to  our  common  speech.  Here  two  dialects  of  the  Spanish 
language  have  been  spoken,  and  consequently  the  influence  on 
our  own  language  has  arisen  from  two  sources.  The  fii-st 
source  is  the  old  Castilian  language,  still  used  by  the  few 
remaining  aristocratic  families  of  pure  blood.  I  say  old 
Castilian,  for  several  centuries  of  use  in  the  provinces  have 
changed  it  but  little  from  the  form  in  which  it  was  introduced 
into  the  colonies  from  the  continental  Spanish.  Even  now  it 
differs  but  little  from  modern  continental  Spanish,  for  the 


272  Spanish  Institutions  of  the  Southioest. 

Spanish  language,  as  compared  with  other  modern  languages, 
changes  but  little  from  century  to  century.  Indeed  we  are 
told,  that  the  language  spoken  by  the  people  in  the  rural  dis- 
tricts of  Old  Spain  is  retained  through  its  constant  use  in  the 
commercial  contact  of  these  people  with  the  better  classes  of 
the  towns.  However,  it  seems  that  the  literary  language  of 
Old  Spain  has  changed  far  more  than  the  language  of  the 
provinces,  and  in  an  entirely  different  way.  But  this  only 
illustrates  a  well-known  law,  that  old  forms  of  speech  are 
retained  in  the  colonies  and  remote  parts  of  a  nation,  while 
more  rapid  changes  are  to  be  noted  in  the  intelligent  and  pro- 
gressive centres. 

Thus  we  find  in  the  provinces  that  the  /^-sound  loses  its 
force  and  is  used  as  a  long  i-sound,  or,  more  properly,  as  a  long 
i-sound  with  a  slight  breaking.  Also,  that  the  rl-sound  so 
prominent  in  continental  speech  is  in  the  provinces  suppressed 
to  a  smothered  )i-sound.  Likewise  the  b  is  used  interchange- 
ably with  V,  with  a  tendency  to  substitute  the  v  for  the  6.  (It 
has  been  maintained  that  these  changes  are  noticeable  in  a 
comparison  of  the  language  of  the  rural  districts  of  Spain  with 
those  of  the  centres  of  intelligence).  The  old  Castilian  fam- 
ilies using  this  speech  are  rapidly  disappearing  from  the  coun- 
try :  their  great  estates  have  passed  into  the  hands  of  others, 
and  their  prominent  position  in  society  is  gone. 

It  is  chiefly  through  the  second  source,  the  Mexican  dialect, 
that  words  have  found  their  way  into  the  common  speech  of  our 
country.  It  is  through  the  language  of  the  common  people, 
through  the  Spanish  language  clipped  and  degraded  by  the 
commingling  of  unlettered  Spaniards  with  an  inferior  race, 
that  words  find  their  way  into  English.  It  was  the  policy  of 
'Spain  to  amalgamate  conqueror  and  conquered  into  one  homo- 
geneous nationality,  and  the  results  of  this  attempt  are  plainly 
visible  in  the  nature  of  the  language  produced.  The  Mexican 
dialect  is  quite  extensively  used  in  New  Mexico  and  California 
by  the  great  majority  of  the  people  of  Spanish  blood  and  their 
native  converts  to  Christianity.     This  language  is  also  quite 


Social  and  Political  Life  of  the  Colonists.  273 

commonly  used  as  a  matter  of  couvenieuce  by  those  associated 
in  business  with  the  Mexican  race.  But  what  concerns  us 
most  in  the  consideration  of  this  topic  is  the  fact  that  this 
dialect  is  furnishing  the  English  language  with  words,  some  of 
which  are  to  be  used  for  the  sake  of  convenience  for  a  time, 
and  others  to  be  permanently  incorporated  into  our  common 
speech.  I  will  mention  a  few  of  the  latter  class,  which  seem 
to  admit  of  universal  use,  and  appear  indispensable  to  an 
intelligent  expression  of  thought ;  afterwards  I  shall  refer  to 
others  in  common  use  in  certain  sections  of  country  by  certain 
classes  of  people. 

Adobe.  Prominent  in  the  first  class  is  the  word  adobe,  mean- 
ing sun-dried  brick.  The  greater  number  of  the  primitive 
houses  and  public  buildings  of  the  Spanish  colonists  were  con- 
structed of  this  material.  It  is  not  uncommon  to  see  these 
buildings,  some  of  them  at  present  over  a  hundred  years  old. 
By  those  familiar  with  this  style  of  architecture,  the  word 
adobe  is  used  without  question  as  the  only  term  that  will 
exactly  describe  it.  It  is  frequently  used  as  a  substantive,  as 
"  an  old  acZo6e." 

Cafion.  No  other  word  will  express  just  what  the  word 
canon  does,  so  long  as  the  mountains  on  the  western  half  of 
the  continent  retain  their  present  structure.  It  is  indispensa- 
ble ;  for  the  words  gulch,  valley,  gorge,  fail  to  convey  the  exact 
meaning.  It  is  of  universal  use  as  applied  to  a  channel  with 
high  walls,  formed  by  an  upheaval  or  by  the  erosion  of  water, 
or  probably  by  both.  Its  specific  meaning  is  apparent  to  one 
familiar  with  western  mountains.  In  common  speech  it  is 
frequently  applied  indiscriminately  to  a  valley  or  gorge  of  any 
kind. 

Tules.  This  is  a  common  expression  for  a  rush  or  water- 
reed  that  grows  along;  the  bavs  and  rivers  of  California.  The 
word  was  in  common  use  by  the  Spanish  population,  and  has 
continued  to  be  about  the  only  designation  for  this  species  of 
rush.  Bret  Harte  in  his  '  An  Apostle  of  the  Tules '  speaks 
of  the  "  ague-haunted  tules.'' 
18 


274  Spanish  Institutions  of  the  Southwest. 

Bonanza.  It  is  difficult  to  determine  whether  this  much- 
used  word  will  obtain  a  permanent  place  in  our  language.  It 
found  a  ready  use  in  mining  times  as  an  expression  of  good 
fortune  in  the  discovery  of  a  rich  mine.  Originally  it  meant 
"fair  weather  at  sea;"  but  now  it  is  applied  indiscriminately 
to  a  treasure  of  any  sort.  Its  specific  application  to  the  great 
silver  mines  of  Nevada  has  tended  to  give  it  prominence. 

Vara  is  the  old  Spanish  yard,  adopted  by  the  Mexican 
government  as  the  standard  for  linear  measurements.  It  had 
its  origin  in  the  Castilian  vara  of  the  mark  of  Burgos.  It  is 
equal  to  about  thirty-three  and  one-third  inches  of  English 
measure,  thus  representing  a  short  yard.  The  word  is  still 
found  in  deeds  and  specifications,  especially  of  titles  of  village 
lots.  It  is  not  uncommon  to  hear  an  old-time  settler  speak  of 
a  "  twenty-vara  lot,"  or  of  a  "  fifty- vara  lot."  Occasionally 
we  find  the  lots  advertised  in  vara  measurements. 

Fandango.  This  word  has  long  been  used  in  America.  It 
is  the  name  of  a  dance  brought  into  the  West  Indies  by  the 
negroes  of  Guinea.  It  has  frequently  been  used  to  designate 
any  sort  of  dance  of  a  low  order,  but  should  be  applied  to  a 
dance  of  the  common  people  written  in  three-eighths  time. 
The  dance  is  practiced  to  such  an  extent  by  the  Spanish- 
Americans  that  it  has  been  nationalized. 

As  the  Spanish  and  English-speaking  people  mingled  at  a 
time  when  the  tending  of  flocks  and  herds  was  the  chief  occu- 
pation, many  of  the  new  words  adopted  refer  to  this  industry. 
A  few  of  this  class  will  be  mentioned. 

Corral.  This  word  originally  meant  a  circular  yard  formed 
by  setting  posts  in  the  ground  and  fastening  them  together 
with  thongs  of  raw-hide.  The  corral  is  essential  to  the  herder 
as  a  place  where  his  stock  may  be  collected  for  the  purpose  of 
protection  or  for  successful  handling.  If  the  ranchero  wishes 
to  capture  a  certain  horse  to  ride,  the  whole  band  is  driven 
into  the  corral  and  the  vacquero  lassoes  the  one  desired  with 
his  lariat.  The  coryxil  is  one  of  the  first  structures  built  by 
the  herder  on  his  arrival  in  a  new  territory.     The  farmer  of 


Social  and  Political  Life  of  the  Colonists.  275 

the  far  west  never  says  "  cow-pen,"  "  barn-yard,"  or  "  farm- 
yard," he  says  corral.  The  word  is  applied  indiscriminately 
to  any  small  enclosnre  for  stock. 

Vacquero,  according  to  its  strict  etymology,  means  "  cow 
herder"  or,  in  more  common  English,  "cow-boy."  However, 
this  is  not  its  better  use,  although  it  is  frequently  so  applied. 
The  vacquero  is  pre-eminently  a  horseman  or  a  horse  trainer. 
He  is  frequently  employed  to  tend  stock,  but  his  chief  business 
is  to  manage  wild  horses  or  to  tame  broncos.  The  horses  of  a 
ranchero  frequently  run  at  will,  unfettered  by  bit,  bridle,  or 
even  halter,  until  they  are  desired  for  use.  Here  is  the  diffi- 
cult work  of  the  vacquero.  He  drives  the  band  into  a  corral, 
captures  the  one  to  be  ridden,  succeeds  in  putting  a  bridle  or 
jdcquima  on  his  head,  blindfolds  the  animal,  puts  the  saddle 
on,  mounts  for  the  ride,  and  then  removes  the  blind.  Then 
begins  a  series  of  antics  on  the  part  of  the  animal,  and  the 
rider  is  fortunate  if  he  keeps  his  seat  through  them  all.  This 
process  must  be  repeated  from  day  to  day  until  the  animal  is 
domesticated.  Sometimes  the  vacquero  finds  steady  employ- 
ment at  a  single  rancho,  and  sometimes  he  goes  from  one  to 
the  other,  plying  his  trade  as  there  is  need. 

Ranch  is  from  the  word  rancho,  and  was  first  used  in  con- 
nection with  the  laud-grants  to  the  Spaniards  in  the  Indies. 
It  is  of  Spanish  American  origin.  The  word  ranch  needs  no 
comment.  It  sounds  a  trifle  inelegant  in  contrast  with  the 
long  accustomed  word  '  farm ;  ^  but  it  has  succeeded  in  entirely 
replacing  this  word  in  many  parts  of  the  west.  It  is  doubt- 
ful if  it  will  retain  this  prominence  as  the  large  ranches  are 
broken  up  into  small  farms  and  a  diversity  of  agriculture  is 
introduced. 

Rodeo.  It  is  in  connection  with  the  rearing  of  stock  that 
this  word  is  commonly  used.  In  pastoral  territories  all  stock 
runs  somewhat  at  large ;  consequently  the  property  of  different 
individuals  is  widely  scattered  and  commingled.  To  sort  the 
stock  and  accredit  each  owner  with  his  property,  the  annual  or 
semi-annual  rodeo  or  "round  up"  is  held.     Each  owner  sends 


276  Spanish  Institutions  of  the  Southwest. 

one  or  more  representatives  to  the  rodeo.  The  cattle  are 
"  bunched "  in  the  open  field,  and  the  vacqueros  proceed  to 
separate  from  the  band  each  owner's  stock.  This  requires 
great  skill  of  the  horsemen.  In  the  olden  time  a  judge  {huez 
de  canvpo)  presided  over  the  field-assembly  and  judged  of  the 
rights  of  each  according  to  customary  law.  The  word  rodeo 
comes  from  the  Spanish  rodear, '  to  surround,  to' compass.'  Its 
vulgar  pronunciation  is  "rodeer." 

Logo  is  a  good  old  Spanish  word  meaning  insane,  crazy,  or 
crack-brained.  It  is  specifically  applied  to  horses  and  cattle 
afflicted  with  a  strange  disease,  accompanied  with  variations  of 
insane  and  idiotic  symptoms.  It  is  a  common  belief  that  the 
disease  is  caused  by  eating  a  plant  called  "loco-weed,"  of  the 
family  Leguminosae,  genus  Astragalus.  But  this  has  not  been 
proved,  and  there  are  many  different  theories  concerning  it ; 
some  attributing  the  cause  to  the  use  of  bad  water,  some 
to  poor  food,  and  others  to  too  much  food.  The  animal 
afflicted  with  the  disease  stops,  trembles,  staring  all  the  while 
in  an  insane  manner,  snorts,  and  springs  suddenly  to  one  side  as 
if  dodging  a  blow.  It  apparently  sees  things  that  are  not,  and 
is  a  victim  to  strange  hallucinations.  Becoming  useless,  it  is 
turned  out  to  take  the  chances  of  partial  recovery  or  final 
death.  The  term  has  a  wide  application  in  common  use.  A 
person  not  quite  sound  in  mind  or  rational  in  thought  is  said 
to  be  locoed,  or  is  "  loco,"  as  the  term  is  frequently  applied. 
It  is  quite  curious  that  the  plant  is  also  called  "  rattle-weed  " 
from  its  peculiar  properties,  and  that  the  term  "rattled"  is 
derived  from  the  idea  of  its  effect  on  animals.  Consequently 
the  word  "rattled"  designates  a  mild  form  of  locoism. 

Burros.  Throughout  the  west,  and  especially  in  New  Mex- 
ico, the  term  burro  is  applied  to  a  small  breed  of  the  donkey 
or  Mexican  ass.  This  homely  but  useful  creature  was  brought 
from  Spain  at  an  early  date  and  is  now  much  used  in  the 
Spanish-American  states.  It  is  the  same  creature  that  carries 
the  burdens  in  the  streets  of  the  towns  in  old  Spain,  or  bears 
the  traveler  over  the  mountains  of  Asturias.     In  the  towns 


Social  and  Political  Life  of  the  Colonists.  277 

and  mountains  of  America,  it  is  found  performing  the  same 
respective  services.  Wherever  this  patient,  durable,  and  use- 
ful creature  goes  he  is  known  by  the  name  of  bu7'ro  and  by 
none  other. 

Bronco  is  the  name  applied  to  a  wild  or  untamed  animal,  as 
a  bronco  colt  or  a  bronco  horse.  Sometimes  it  is  applied  col- 
loquially to  an  unruly  boy. 

To  pass  to  the  words  of  the  second  class,  those  which  are 
used  by  persons  of  certain  sections  or  by  special  classes,  there 
is  a  multitude.  I  will  mention  a  few  :  sombrero  'hat,' 
lariat  'raw-hide  rope,'  jdcquima  'head-stall'  or  'halter,'  reata 
'raw-hide  rope,'  hacienda  'estate,'  com.'panero  'companion,' 
vara  'a  Spanish  yard-stick,'  etc. 

There  are  many  short  phrases  in  common  speech  which  are 
temporary  in  use,  such  as  mucho  frio,  mucho  caliente,  poco 
tiemjjo,  muchas  gracias,  si  SeJior,  etc.  Their  chief  influence  is 
exercised  in  detracting  from  the  use  of  good  English.  But  to 
the  student  of  institutions  nothing  is  more  interesting  than  the 
names  of  places,  which  so  copiously  illustrate  the  former  domi- 
nation of  another  race.  As  the  Roman,  Saxon,  Dane,  and 
Norman  have  left  their  monuments  in  England,  so  we  find 
in  the  names  of  the  mountains,  rivers,  towns,  and  political 
divisions  of  the  land,  evidences  of  a  preceding  civilization.  In 
most  cases  the  names  have  been  carefully  selected,  and  doubt- 
less will  remain  unchanged.  The  country  is  still  full  of  the 
names  of  the  saints,  patrons  of  early  expeditions  and  enter- 
prises. Santa  Barbara,  Santa  Fe,  San  Diego,  San  Francisco, 
Los  Angeles,  and  Sacramento  bring  vividly  before  us  the  labors 
of  the  religious  orders  and  of  the  'padres  who  attempted  to 
establish  a  civilization  in  a  new  land.  Pioneers  they  were 
who  broke  the  virgin  soil  and  settled  a  new  state.  So  too  in 
Alameda  'the  grove,'  Fresno  'the  alder,'  Alcatraz  'the  pelican,' 
Lobos  'the  wolves,'  and  in  a  thousand  other  words,  we  have 
evidences  of  a  Spanish  nomenclature  without  a  Spanish  civil- 
ization. Likewise  Puebla  reminds  of  the  village  common,  and 
alcalde  of  the  chief  officer  of  the  town.     We  need  not  omit 


278  Spanish  Institutions  of  the  Southioest. 

from  this  medley  of  words  "  Monte  del  Diablo  "  and  the  legend 
of  the  appearance  of  the  wearer  of  the  cloven  hoof,  with  the 
tradition  of  strange  sights  accompanied  by  the  noise  of  clank- 
ing chains. 

In  literature  nothing  of  any  note  was  done,  unless  it  be  the 
historical  epic  of  the  conquest  of  Oiiate,  written  by  Captain 
Gaspar  de  Villagra.  According  to  Bancroft,  this  poem  is  a 
correct  account  of  the  conquest.  It  is  written  in  a  smooth 
flowing  style.  "  Of  all  the  territories  of  America — or  of  the 
world,  so  far  as  my  knowledge  goes — New  Mexico  alone  may 
point  to  a  poem  as  the  original  authority  for  its  early  annals."^ 

Bancroft  gives  a  long  quotation  from  this  ancient  document. 
The  poet  begins  by  translating  the  first  line  of  Virgil,  and 
continues  by  narrating  the  events  of  the  expedition  as  they 
occurred,  not  failing  to  praise  the  heroes  of  the  invasion.  The 
argument  of  the  first  canto  is  as  follows : 

"  Firsl  Canto, 

"  Which  makes  known  the  argument 

of  the  history,  and  the  situation  of  Xew  Mexico  and 

knowledge  had  of  it  from  ancient  monuments 

of  the  Indians  and  of  the  departure 

and   origin  of    the 

Mexicans." 

The  first  canto  begins  as  follows: 

"Of  arms  I  sing  and  of  the  man  heroic 
{Las  armas  y  el  varon  heroico  canto) 
The  living,  valor,  prudence  and  high  effort, 

Of  him  whose  endless,  never  tiring  patience, 
Over  an  ocean  of  annoyance  stretching,  etc." 

Aside  from  its  historical  representation,  this  poem,  though  of 
no  great  literary  merit,  has  about  it  a  picturesqueness  quite 
unique.  Recounting  the  long,  hard  marches,  hardships, 
fatigues,  and  encounters  with  the  Indians,  it  could  scarcely 

^Bancroft,  Arizona  and  New  Mexico,  115. 


Social  and  Political  Life  of  the  Colonists.  279 

reach  any  great  height  as  a  work  of  poetic  art.  Nevertheless, 
it  is  the  only  attempt  to  describe  the  conquest  and  settlement  of 
America  in  an  epic  poem.  There  were  other  attempts  at  poetry, 
and  some  very  fair  verses  were  written  in  the  Spanish  colonial 
days,  though  they  were  chiefly  the  products  of  Mexico.  The 
pastoral  life  in  California  had  its  poetical  phases,  but  there 
was  a  dearth  of  poets. 

Upon  the  whole,  the  social  and  political  phases  of  Spanish 
colonial  life  are  full  of  interest.  The  subject  borders  on  the 
romantic.  The  people  were  free  from  the  dangers  that  usually 
threaten  colonies,  though  afflicted  by  their  peculiar  evils.  The 
people  were  happy,  jovial,  and  hospitable.  Their  life  was  one 
of  ease  and  idleness.  They  were  contented  with  little.  They 
were  not  ambitious  for  wealth  or  political  power,  and  appar- 
ently thought  little  of  the  development  of  the  country. 
Recent  writers  have  given  us  graphic  pictures  of  society  as 
it  now  exists  in  Mexico,  resembling  to  some  extent  the 
society  in  California,  three-quarters  of  a  century  ago.  This 
easy-going,  simple  life,  free  from  care  and  anxiety,  has  its 
charms,  but  cannot  be  compared  with  the  active  existence  of  the 
great  state  of  California. 


\ 


CHAPTER  XIII. 
Political  and  Judicial  Powers. 

Id  the  government  and  administration  of  the  Spanish  pro- 
vinces, there  are  to  be  found  traces  of  the  old  feudal  regime. 
The  establishment  in  Spain  of  a  strong  central  government, 
administered  by  officers  appointed  by  the  crown,  failed  to 
eradicate  the  ancient  feudal  forms.  Not  only  did  these  forms 
re-appear  in  local  government,  but  the  colonies  were  treated  as 
feudatories  of  the  crown,  governed  by  the  king's  special  agents. 
It  never  occurred  to  the  king  that  the  colonies  were  to  be 
treated  otherwise  than  as  his  special  property,  existing  for  the 
sole  purpose  of  yielding  revenue  and  performing  service. 
Therefore  to  the  crown  and  to  the  royal  officers  it  appeared 
that  the  colonists  had  no  civil  rights  other  than  those  con- 
tingent upon  the  king's  will  and  pleasure. 

During  the  whole  of  the  Spanish  rule  the  colonists  were 
treated  according  to  the  foregoing  principles.  The  local  officer 
reported  to  the  provincial  governor,  the  provincial  governor  to 
the  viceroy,  and  the  viceroy  to  the  king ;  and  the  king  and 
boards  of  royal  officers  made  laws  for  the  government  of  all. 

After  the  Mexican  Revolution  of  1821,  the  same  laws,  prin- 
ciples of  government,  and  forms  of  administration  continued, 
except  as  they  were  modified  by  the  Republican  administration 
which  was  engrafted  upon  existing  forms  and  institutions. 
Therefore  if  we  seek  the  municipal  practice,  the  civil  govern- 
ment, and  the  powers  of  officers  held  during  the  early  part  of 
the  Mexican  rule,  we  shall  find  the  old  Spanish  usage  that  had 
hitherto  prevailed  continuing  with  the  exception  of  a  change 
280 


Political  and  Judicial  Poioers.  281 

in  the  supreme  authority.    The  administration  of  the  Spanish 
colonial  possessions  was  carried   on  chiefly  by  a  system   of 
chambers  or  boards.     The  supreme  authority  in  administra- 
tion rested  in  the  Council  of  the  Indies,  in  perpetual  session  at 
Madrid.     All  departments  of  government  were  under  its  con-    J 
trol.     Under  its  authority  the  territory  was  divided  into  vice-/ 
royalties,   provinces,   audiences,  and    many  minor  divisions. 
The   government   continued   to   expand   and   the   territorial      fy^ 
divisions  to  multiply,  until  toward  the  close^of  the  eighteentli'^'/^^ 
century    there    were    four    viceroy alties ;    reru,  New  Spain,      ^^-^ 
New  Grenada,  Buenos  Ayres.     The  viceroyalty  of  New  Spain,  \ 
which  is  the  only  one  tliat  concerns  us  at  present,  was  divided    ■ 
into  Provincias  Internas  and  New  Spain  proper.      Of  the    \ 
former  there  were  two  internal  provinces  depending  directly     \ 
upon  the  Viceroy,  and  five  subject  to  the  governor  of  Chihua- 
hua.    In  the  latter  group  are  found  the  provinces  of  New 
Mexico  and  Texas.     New  Spain  proper  was  divided  (1804) 
into  twelve  intendencies,  which  had  taken  the  place  of  the 
former  gubernatorial  provinces  in  1786.     Two  of  these  divi- 
sions were  represented  by  Old  California  and  New  California 
respectively.     The  viceroy  was  the  head  of  the  governmental 
system  in  America.     He  received  his  office  by  appointment 
and  stood  for  the  king  in  all  things.     In  the  viceregal  author- 
ity, all  powers  of  administration  were  concentrated.     The  local  / 
affairs  of  different  provinces  were  referred  to  the  viceroy,  who  / 
in  turn  reported  to  the  king  through  rhe  Council  of  the  Indies. 
The  royal  provinces  were  revenue  districts  whose  heads  were 
appointed  by  the  king.     These  officers  were  subject  to  the 
supervision  of  the  viceroy  and   governors.      The  governors 
were  captains-general  of  their  districts,  and  acted  as  presidents 
of  the  audiences.^ 

After  the  gubernatorial  districts  were  changed  into  intend- 
encies, the  chief  officer  in  each  intendency  had  financial,  judicial, 
political,  and  military  control  of  the  district,  though  assisted 

^  Bancroft,  Mexico,  III,  520. 


282  Spanish  Institutions  of  the  Southivest. 

by  the  assessor.  The  intendants  were  all  appointed  by  the 
king.  In  the  cities,  sub-delegates  also  were  appointed  by  the 
king,  and  exercised  functions  similar  to  those  of  the  intendants, 
but  in  a  lesser  degree.^  These  latter  officers  replaced  the  town 
officers  by  taking  charge  of  the  political  and  commercial 
supervision  of  the  town.  As  each  set  of  rulers  was  appointed 
by  the  king,  they  were  so  arranged  as  to  watch  one  another  in 
administration.  As  new  abuses  developed,  new  officers  were 
created  for  the  purpose  of  espionage,  and  the  official  list 
became  greatly  extended.  The  number  of  officials  and  the 
amount  of  governing  exercised  in  Spain,  far  exceeded  that 
of  any  other  nation  on  record.  Large  numbers  of  persons 
came  from  Old  Spain  chiefly  to  hold  office  ;  for  it  was  a  policy 
of  the  government  that  only  Spaniards  of  the  mother  country 
should  fill  the  offices  of  New  Spain.  With  the  numerous 
departments,  the  details  of  each,  and  the  distance  from  the 
seat  of  the  central  government,  it  frequently  took  years  to 
settle  some  small  question  of  administration  which  should 
have  been  settled  by  an  alcalde  or  a  provincial  governor. 

After  Mexican  rule,  the  supreme  authority  rested  in  a  con- 
gress, and  each  state  had  its  provincial  assembly.  The  two 
houses  of  congress  had  their  especial  legislative  restrictions, 
but  together  represented  the  legislative  assembly  of  the  Kepub- 
lic.  The  Californias  were  ruled  by  governors,  prefects,  and 
sub-prefects  representing  the  central  administration.  The 
military  authorities  continued  to  exercise  great  control.  Thus 
the  governor  of  the  province  was  called  military  commander 
of  all  of  the  forces  within  the  province,  and  the  commandant 
of  the  presidio  on  the  frontier  was  in  reality  the  chief  officer 
^vithin  the  surrounding  territory. 

The  governor  of  the  Department  was  appointed  by  the 
central  authority  at  Mexico,  and  he  had  the  power  of  appoint- 
ing the  prefect  and  of  confirming  the  sub-prefects  within  his 
jurisdiction.     The  governor  presided  at  the  meetings  of  the 

1  Bancroft,  Mexico,  III,  520. 


Political  and  Judicial  Poicers.  283 

Departmental  legislature,  and  had  charge  of  public  order 
throughout  the  department.  His  appointing  power  extended 
to  all  other  officers  not  otherwise  provided  for  by  special  legis- 
lation. AVith  the  consent  of  the  departmental  legislature,  he 
had  the  power  to  suspend  the  ayuntamientos  of  the  depart- 
ment, and  to  suspend  the  officers  of  the  department  for  a  term  of 
not  more  than  three  months.  It  was  made  one  of  the  import- 
ant duties  of  the  Departmental  governor  to  publish  and 
execute  or  cause  to  be  executed  the  laws  of  Congress.  The 
prefects  were  official  inspectors  of  the  affairs  of  the  depart- 
ment. As  such,  they  supervised  the  administration  by  report- 
ing to  the  governor  many  things  concerning  the  actions  ofV 
officers  and  the  complaints  of  the  people.  It  was  their  duty 
to  see  that  the  laws  were  carefully  enforced  and  to  report  any 
delinquents.  They  had  to  report  on  the  economic  conditions 
of  the  country,  and  its  political  and  economic  needs.  The/ 
prefects  appointed  the  sub-prefects,  subject  to  the  approval  or 
the  Governor. 

The  Departmental  legislature,  as  composed  by  the  Mexican 
law  of  1837,  consisted  of  seven  persons.  The  law  provided 
that  it  should  be  convened  every  four  years.  Among  othejt 
duties  it  belonged  to  the  Departmental  legislature,  "  To  pasc 
laws  relative  to  taxes,  public  education,  industry,  trade,  and 
municipal  administration."  ^  Thus  we  have  in  the  provincial  \ 
system  of  government,  one  that  was  closely  united  with  the 
central  administration,  and  that  extended  down  to  the  munici- 
pality, having  power  to  make  laws  relative  to  municipal 
administration.  In  this  respect  it  did  not  differ  from  the 
administration  of  the  provinces  while  under  Spanish  rule. 

The  local  government  of  New  Spain  was  a  very  complete 
and  formal  affair  as  far  as  the  law  was  concerned,  but  in  prac- 
tice it  was  very  irregular  and  subjected  to  the  domineering 
power  of  the  royal  or  provincial  officers.  The  municipal 
governments   were   represented    by   alcaldes,    regidores,  and 

^  Section  III,  article  5. 


284 


Spanish  Institutions  of  the  Southwest, 


r 


syndicos.  In  most  towns  there  were  alcaldes.  In  large  towns 
there  were  twelve  regidores  or  couucilmen,  and  in  small 
towns  six.  "In  minor  places/'  says  Bancroft,  "many  of 
these  offices  remained  vacant,  partly  owing  to  the  interfer- 
ence of  governors  and  their  lieutenants,  who  wished  to 
retain  the  sole  control.  In  other  places,  the  alcaldes  were 
mere  figure-heads."^  During  the  Spanish  rule  the  munici- 
pal officers  were  at  first  usually  elected  for  one  year;  but 
later- the  office  of  regidor  was  commonly  sold  to  such  per- 
sons as  had  gained  the  favor  of  the  royal  officers.  However, 
in  the  regulations  of  1779-81  for  the  government  of  Califor- 
nia, it  was  provided  that  the  governor  should  appoint  alcaldes 
and  other  town  officials  for  the  first  two  years,  and  afterwards 
the  citizens  of  the  town  should  elect  some  one  from  their  midst, 
subject  to  the  approval  of  the  Governor.^  The  powers  of  these 
municipal  officers  were  to  administer  justice  in  small  cases, 
control  the  police,  supervise  public  works  and  the  distribution 
of  water  privileges.  The  duty  of  the  alcalde,  as  prescribed 
by  law,  was  to  try  civil  and  criminal  cases  "  of  first  instance." 
Appeals  could  be  made  to  the  city  council  (ayuntamiento),  the 
governor,  or  the  supreme  audiencia.  It  was  the  duty  of  the 
alcalde  to  preside  over  the  town  council  in  the  absence  of  the 
governor,  his  lieutenant,  or  of  an  alcalde  mayor.  The  alcalde, 
associated  with  one  or  more  regidores  of  the  council,  could  fix 
the  licenses  to  shops  and  taverns  in  towns  where  no  gov- 
ernor resided  ;  otherwise  that  duty  belonged  to  the  governor. 
There  were  other  officers  not  essential  to  the  town 'government, 
but  frequently  chosen  in  the  larger  towns,  especially  toward 
the  close  of  the  eighteenth  century.  These  were  the  alferez 
I'eal  or  banner  carrier,  the  procurador-sindicos  (city  attorneys), 
who  represented  the  council  in  legal  matters  and  made  collec- 
tions, and  the  treasury  officers.^  In  addition  to  these,  there 
was  sometimes  elected  the  alguazil,  mayor  or  sheriff,  who  had 


'Bancroft,  Mexico,  III,  521. 

'^  Title  14,  sec.  18;  Eockwell,  450. 


'  Bancroft,  Mexico,  III,  522. 


Political  and  Judicial  Powers.  285 

uumerous  duties,  chiefly  limited  to  carryiug  out  the  orders  of- 
the  governor;  and  the  alcaldes  of  the  municipalities.  It  is 
evident  that  the  Spanish  town  lacked  neither  officers  nor  a  suffi- 
cient code  of  municipal  laws  to  insure  a  model  administration, 
had  the  system  been  successfully  carried  out.  There  were  two 
remarkable  offices  filled  at  each  municipal  election.  The 
citizens  chose  two  alcaldes  de  mesta,^  whose  dut}^  it  was  to 
preside  at  the  semi-annual  "  round  up  "  held  by  stock  owners. 
They  were  given  certain  duties  in  the  town  relative  to  stock 
inspection. 

The  municipal  revenue  was  raised  primarily  from  publi 
lands  set  apart  for  this  purpose  at  the  founding  of  the  town. 
It  is  not  supposable  that  this  amounted  to  a  great  sum  ;  for  tOj 
carry  on  special  public  improvements  or  extraordinary  judi 
cial  processes,  the  magistrate  levied  contributions  to  a  certai 
amount,  which  could  be  extended  by  the  audiencias  to  a  limit 
of  two  hundred  pesos.^     In  addition  to  these  methods  of  r£ws- 
ing  revenue,  certain  fines  were  paid  into  the  city  treasury. 
In  the  management  of  the  public  lands,  they  were  rented  Vby 
auction  to  the  highest  bidder.     These  funds  were  in  charj^e 
of  officers  called  depositarios.     The  drafts   for  ordering  e 
peuses  were  issued  by  magistrates  and  council.     A  city  w 
divided  into  eight  wards,  five  of  which  were  administered  by 
the  five  criminal  judges  representing  the  audiencia,  and  the 
other  three  were  represented   by  the  ordinary  alcaldes  and 
regidores.      Later  subordinate  alcaldes  were  created  in  each, 
district 


After  the  Mexican  revolution,  the  main  principles  of 
government  pnnHni-iPfl^__Tu-lA5>.'^^  flip  ATpvicin  ronores 
'aa'ddjurale  ngfolrules  for  the  government  of  town  coun- 
cils for  the  Province  of  California.     Mr.  Bancroft  gives,  in 
fiftv-two  articles,  a  summary  of  the  rules  for  the  government 

^  The  mesta  was  a  term  applied  to  the  collective  owners  of  black  cattle 
and  sheep.  Membership  was  limited  to  those  omiing  three  hundred  head 
of  small  stock  and  twenty  mares  or  colts. 

*  Bancroft,  3Iexico,  III,  523. 


286 


Spanish  Institutions  of  the  Southwest. 


of  the  ayimtamieutos  of  the  towns.^  These  ordinances  provide 
that  the  iDueblo  shall  have  a  house  for  the  council,  necessary- 
offices,  place  for  storing  public  property,  and  barracks  for  the 
national  guard  where  organized.  They  provide  names  for  the 
house  and  its  apartments,  appoint  minor  officers,  and  desig- 
nate the  duty  of  each.  The  ordinances  provide  for  times  of 
meeting,  procedure  at  meetings,  official  duties,  and  give  rules 
for  the  entire  procedure  of  each  member  and  of  the  whole 
body  collectively.  Rule  number  eleven  of  these  ordinances 
reads  as  follows  :  "  Should  a  member  arrive  after  a  sitting  be 
opened,  he  is  to  be  received  by  the  others  standing,  and  the 
secretary  mtist  inform  him  of  what  business  has  been  done." 
So,  for  the  whole  order  of  business,  the  most  punctilious  rules 
are  given.  The  formal  procedure  of  the  local  officers,  the  tedi- 
ous processes  necessary  to  be  endured  in  the  accomplishment 
of  a  little  business,  are  sufficient  to  bring  pain  to  the  reader  of 
the  ordinanzas.  But  here  as  elsewhere  in  Spanish  adminis- 
tration, the  simple  informal  practice  under  the  best  attempts 
of  the  officials  to  be  ceremonious,  contrasted  strikingly  with 
the  formal  grandeur  of  the  laws  and  rules  of  procedure. 

In  the  Spanish  municipal  government,  the  ayuntamiento  or 
town  council  is  the  most  important  organ  of  administration. 
It  was  differently  organized  in  different  towns,  varying  accord- 
ing to  the  number  of  the  respective  officers  that  composed  it. 
However,  the  ayuntamiento  was  always  created  after  the  same 
general  plan,  and  existed  according  to  specified  conditions.  It 
was  a  time-honored  institution,  and  has  changed  but  little  in 
fundamental  characteristics  since  its  first  establishment .  in 
Spain.  It  was  provided  that  every  pueblo  of  five  hundred 
inhabitants  was  entitled  to  an  ayuntamiento  composed  of  one 
alcalde,  two  councilmen,  and  one  procurador-syndico.  The 
alcalde  acted  as  president  of  the  council,  and  in  conjunction 
with  the  other  members  (regidores)  had  control  of  the  political 
and  economic  affairs  of  the  town.    Aside  from  this,  the  alcalde 


^  Bancroft,  California  Pastoral,  540. 


Political  and  Judicial  Poicers.  287 

had  special  fiiuctious  as  police  judge,  which  will  be  explained 
later.     The  syudico  acted  as  city  attorney  in  legal  cases  and 
disputes,  and  frequently  as  treasurer.     The  authority  of  the 
ayuntamiento  was  limited  by  the   laws   of  the  province  ort 
the  state,  and  it  could  act  only  within  well-defined  limits.     It  \ 
was   responsible   to   central   authority,  and    was   the   organ  \ 
through  which  the  provincial  governor  or  viceroy  made  known    \ 
the  will  of  the  government  to  the  people.     In  the  simplest 
form  of  government,  the  alcalde  and  one  regidor  were  elected     / 
every  year,  while  the  syndic©  and  one  regidor  served  two  years. 

In  1837,  the  law  for  the  regulation  of  the  territory  of  Cali- 
fornia relates,  among  other  things,  to  the  management  of  the  fy/^^ 
ayuntamientos  or  town  councils.  Article  first  defines  what 
towns  may  have  town  councils ;  and  article  third  states  that 
"  The  number  of  Alcaldes,  Hegidores,  and  Syndicos  will  be 
fixed  by  the  Departmental  legislature  in  concert  with  the 
governor,  but  the  first  must  not  exceed  six,  the  second, 
twelve,  and  the  third,  two."  The  members  of  the  ayunta- 
miento are  elected  by  the  citizens  of  the  town,  the  alcalde  is 
elected  every  year,  half  of  the  councilmen  the  same,  and  when 
there  are  two  syndicos,  one  must  be  elected  each  year.  Per- 
sons may  hold  office  repeatedly,  and  no  one  may  refuse  to 
serve  without  a  just  cause.  To  illustrate  the  minute  pro- 
visions for  the  control  of  the  town  councils,  a  few  of  the  forty 
articles  of  the  Mexican  law  relating  to  the  powers  andj], 
of  ayuntamientos  wil]j3§.-.gi^<«!irrr^^  seen  that  the 

ceufe'd--gT5vernment'Tias  given  but  little  latitude  for  the_ex^ 
cfee  of  self-government  by  the  town  c^ 

Art.  W:  The  ayuTitamieutos,  under  subjection  to  the  Sub- 
Prefects,  and  through  them  to  the  Prefects  and  Governor,  will 
have  charge  of  the  police,  health,  comfort,  ornament,  order 
and  security  of  their  respective  jurisdictions. 

Art.  11.  They  will  consequently  take  care  of  the  cleanli- 
ness of  the  streets,  market  places  and  public  squares. 

Art.  12.  They  Avill  see  that  in  each  town  there  be  one  or 
more  burying  grounds  conveniently  located. 


288  Spanish  Institutions  of  the  Southwest. 

Art.  13.  They  will  watch  over  the  quality  of  all  kinds  of 
liquors  and  provisions,  in  order  that  nothing  unsound  or  cor- 
rupted be  sold. 

Art.  14.  They  will  take  care  that  in  the  apothecary  shops, 
no  rancid  or  adulterated  drugs  be  sold,  to  which  end  they  may 
appoint  intelligent  persons  of  the  faculty  to  examine  them. 

Art.  15.  They  will  see  that  marshes  be  drained,  and  that 
stagnant  and  unhealthy  waters  be  made  to  run  oflP,  and  that 
everything  which  tends  to  injure  the  health  of  men  or  cattle 
be  removed. 

Art.  1 6.  They  will  likewise  take  care  of  prisons,  hospitals, 
and  establishments  of  public  beneficence  which  are  not  of  pri- 
vate foundations. 

Art.  17.  The  moment  that  any  prevailing  sickness  makes 
its  appearance  in  the  district  of  the  municipality,  the  Ayunta- 
miento  will  inform  the  Sub-Prefect,  or  should  there  be  no 
Sub-Prefect,  the  Prefect,  in  order  that  through  his  means,  the 
necessary  assistance  may  be  administered ;  but  this  will  not 
prevent  the  Ayuntamiento  from  taking  in  the  meantime  the 
necessary  steps  to  cut  off  or  restrain  the  evil  in  its  commence- 
ment. 

Art.  18.  With  this  laudable  object,  they  will  name  a 
committee  of  charity,  composed  of  a  Regidor  or  alcalde,  a 
Syndico,  a  Physician  should  there  be  one  in  the  place,  and  two 
residents  or  more,  should  the  Ayuntamiento  think  it  necessary, 
according  to  the  extent  of  the  place  and  the  duties  to  be  per- 
formed. 

Art.  19.  The  Ayuntamiento  will  remit  semi-annually,  to 
the  Sub-Prefect,  or  in  default  of  him  to  the  Prefect,  that  he 
may  forward  it  to  the  Governor,  an  account  of  the  births,  mar- 
riages, and  deaths  in  each  of  these  periods,  which  must  embrace 
all  its  district^  and  mention  the  sex,  age,  and  diseases  of  which 
they  may  have  died,  keeping  in  its  records  a  copy  of  this 
document. 

Art.  20.  In  order  to  obtain  these  data,  they  may  ask  them 
of  the  parish  curates,  the  Justices  of  the  Peace,  the  municipal- 


Political  and  Judicial  Powers.  289 

ity,  or  auy  other  persons  or  corporation  capable  of  furnishing 
them. 

Art.  21.  In  order  to  attend  to  the  ornament  and  comfort 
of  the  towns,  they  will  see  that  tlie  market  places  be  well  dis- 
tributed and  that  every  obstacle,  tending  to  hinder  them 
from  being  sufficiently  provided,  be  removed. 

Art.  22.  They  will  take  care  of  the  preservation  of  the 
public  fountains,  and  see  that  there  be  abundance  of  water  for 
men  and  cattle. 

Art.  23.  They  will  otherwise  endeavor,  as  far  as  possible, 
to  have  the  streets  straight,  paved,  and  lighted,  and  to  pro- 
vide public  walks  and  abundant  plantations,  for  the  beauty 
and  health  of  the  towns. 

Art.  24.  It  belongs  to  them  to  procure  the  construction 
and  repairing  of  bridges,  causeways,  and  roads,  and  to  en- 
courage agriculture,  industry,  trade,  and  whatever  they  may 
consider  useful  to  the  inhabitants. 

Art.  25.  At  the  junction  of  different  roads,  they  will 
place  inscriptions  pointing  out  the  different  directions  and  dis- 
tances to  the  nearest  towns. 

Art.  26.  It  belongs  to  the  Ayuntamientos  to  make  con- 
tract for  all  kinds  of  diversions,  license  having  been  pre- 
viously obtained  from  the  first  local  political  authority. 

Art.  27.  The  products  from  these  contracts  must  be  paid 
into  the  municipal  funds. 

Art.  28.  If  the  regulations  of  police  and  good  government 
should  not  embrace  all  the  measures  which  the  Ayuntamiento 
may  consider  necessary  for  the  preservation  of  order  and  the 
security  of  persons  and  property,  they  may  propose  to  the 
Governor  whatsoever  others  they  may  deem  convenient,  in 
order  that  those  which  appear  just  may  be  adopted. 

Art.  29.     They  will  see  that  in  every  town  there  is  a  safe 
and  commodious  prison,  that  in  said  prisons  different  depart- 
ments be  found  for  persons  arrested  and  for  prisoners,  and 
they  will  take  care  that  the  latter  be  usefully  employed. 
19 


290  Spanish  Institutions  of  the  Southwest. 

Art.  30.  They  will  pay  careful  attention  to  the  establish- 
ment of  common  schools  in  every  town,  the  masters  and  mis- 
tresses of  which  must  be  paid  out  of  the  municipal  fund,  and 
they  will  be  careful  not  only  to  appoint  proper  persons,  but 
to  see  that  at  all  times  they  continue  to  be  of  good  conduct 
and  sound  morals. 

Art.  31.  They  will  distribute  with  all  possible  impar- 
tiality, the  municipal  duties  imposed  upon  the  citizens,  guiding 
themselves  by  the  existing  laws,  or  by  such  as  may  hereafter 
be  made. 

Art.  32.  They  will  watch  over  the  arrangement  of  the 
weights  and  measures,  agreeably  to  the  laws  on  the  subject. 

^he  alcalde  is  an  historic  officer.  He  dates  from  the  early 
-Annals  of  Spain,  and  was  the  most  important  personage  in  the 
Spanish  municipality.  In  the  town  of  the  Spanish  provinces 
he  was  reckoned  the  first  officer  in  importance.  His  functions 
were  not  always  clearly  defined ;  he  might  do  almost  every- 
thing that  w^ould  conduce  to  the  welfare  of  the  town.  As 
president  of  the  ayuntamiento,  he  performed  duties  similar  to 
those  of  a  member  of  a  modern  town  council ;  in  settling  dis- 
putes by  arbitration  or  application  of  the  law,  he  acted  like  a 
modern  police  judge;  in  apprehending  persons  for  misde- 
meanors, he  represented  the  modern  constable  or  policeman. 
In  inquiring  into  the  occupations  of  the  citizens  and  repri- 
manding the  idle  and  vagrant,  he  exercised  a  paternal  over- 
sight of  the  affairs  of  the  town.  In  addition  to  this,  the  chief 
alcalde  performed  the  service  usually  falling  to  the  mayor  of 
a  modern  city. 

As  a  sign  of  office,  the  alcalde  carried  a  silver-headed 
cane,  which  served  as  a  means  of  summoning  persons  to  court. 
When  the  alcalde  was  detained  from  appearing  in  person  at 
any  place,  he  could  be  represented  by  sending  his  cane.  When 
the  American  columns  entered  the  towns  of  New  Mexico,  they 
were  met  by  the  alcalde  with  his  cane,  who  gave  them  the 
rights  of  the  town  or  else  stipulated  on  what  terms  they  were 
to  be  received. 


Political  and  Judicial  Foicers.  291 

The  actual  judicial  practice  of  the  alcalde  in  the  towns  of 
Spanish-America  was  of  a  very  informal  nature.  It  usually 
consisted  in  sending  for  the  ofiending  parties,  and  by  concili- 
atory means  effecting  a  settlement,  or  by  an  informal  process 
arriving  at  a  judgment  and  fine.  In  the  towns  in  which  the 
governor  resided,  all  judicial  functions,  great  and  small,  were 
absorbed  by  that  officer.  In  the  trial  of  minor  cases,  it  was 
the  alcalde's  business  to  summon  the  witnesses  and  arrange 
for  the  trial,  and  frequently  to  appoint  an  arbiter  for  the  case. 
There  were  no  courts  of  law  competent  to  try  cases  of  any 
magnitude.  The  alcaldes  were  usually  ignorant  of  the  law, 
and  could  not  administer  it  either  in  civil  or  in  criminal  cases 
They  frequently  acknowledged  this  in  their  reports.  There 
were  no  law  codes  to  assist  them  as  at  present.  Bryant,  who 
visited  the  coast  in  1847,  found  no  written  statute,  and  the  onlyj 
law  books  were  The  Laios  of  Spain  and  the  Indies,  publishec 
about  a  century  before,^  in  connection  with  which  was  issuec 
a  small  book  defining  the  powers  of  the  various  judicial  offi- 
cers of  the  Mexican  government.  "  In  cases  of  capital  ofiTences 
the  alcalde  had  simply  power  to  examine,  testimony  being 
taken  down  in  writing  and  transmitted  to  the  juez  de  primei-a 
instancia,  or  first  judge  of  district  before  whom  the  case  was 
tried."  ^  The  trial  by  jury  was  practiced  when  the  prisoner 
demanded  it ;  but  the  jury  seldom  consisted  of  more  than 
three  or  five  members. 

The  alcaldes  of  the  ayuutamieutos  and  the  justices  of  the 
peace  had  the  exclusive  power  to  exercise  the  office  of  concili- 
ators in  towns  having  one  thousand  or  more  inhabitants. 
These  trials  of  "  conciliation  "  are  carefully  explained  in  the 
Mexican  laws  of  1837.  The  Alcalde  summons  the  accused  and 
the  accuser,  and  has  each  tell  his  own  story  in  the  presence  of 
an  appointed  arbiter.  After  the  parties  retire,  the  alcalde  or 
justice  pronounces  the  sentence.  Then,  if  the  parties  agree  to 
the  decision,  the  trial  is  at  an  end,  and  a  satisfactory  conclu- 

^  Bancroft,  California  Pastoral,  575.         '  Ibid. 


292  SjKinish  Institutions  of  the  Southwest. 

sion  has  been  reached.  In  the  law  of  1837,  twenty  articles 
are  devoted  to  giving  minute  details  concerning  the  manage- 
ment of  these  trials.  But  here,  as  elsewhere  in  Spanish 
administration,  the  practice  of  the  law  did  not  approach  its 
formal  letter. 

The  administration  of  justice  in  the  Mexican  States  and 
provinces"  was  in  a  very  lax  condition.  The  authorities  took 
great  care  to  issue  instructions  to  alcaldes  for  the  purpose  of 
insuring  a  better  judicial  usage,  but  with  no  good  effect. 
Even  the  court  of  the  first  instance  was  in  no  better  condition, 
as  it  was  presided  over  by  the  alcaldes.  In  1824,  minute 
instructions  were  given  to  alcaldes  concerning  procedure  in 
apprehending  criminals,  obtaining  evidence,  and  the  minutest 
details  of  the  trial.^  These  extended  and  artificial  rules  con- 
trast very  greatly  with  the  loose  and  careless  method  of  admin- 
istering justice  which  usually  prevailed. 

"As  an  instance  of  the  way  civil  cases  are  disposed  of  in 
this  strangest  of  strange  places,  I  may  cite  the  example  of  a  Mr. 
Stokes,  who  summoned  a  farmer  before  the  alcalde,  to  compel 
the  payment  of  a  debt  which  had  been  two  years  outstanding, 
contrary  to  the  previous  stipulation  between  the  parties.  The 
justice,  instead  of  meeting  the  case,  referred  it  to  arbitration. 
The  case  was  going  against  the  farmer,  who  entreated  for  a 
further  indulgence,  as,  if  compelled  to  pay  that  moment,  he 
would  be  compelled  to  sell  his  cattle  at  a  heavy  sacrifice. 
'Well,'  says  the  justice,  'how  long  do  you  ask?'  'Why,'  says 
the  farmer,  'I  promise  to  make  the  first  installment  in  twelve 
months  hence.'  '  Very  well,'  replied  the  justice,  with  the  ut- 
most indifference,  'that  will  do;'  and  the  case  was  dismissed 
without  further  procedings."  ^ 

All  cases  of  a  serious  nature  were  referred  to  the  prefect  of 
the  district,  who  reported  them  to  the  governor.  It  might  be 
necessary  for  the  governor  to  report  a  case  to  the  central 


^  Bancroft,  California  Pastoral,  576. 

^  Journal  of  Douglas.     Quoted  by  Bancroft  in  California  Pastoral,  581. 


Political  and  Judicial  Powers.  293 

authorities  at  Mexico  and  thus  the  case  would  lie  continued 
indefinitely,  while  the  accused  was  lying  in  prison  without  a 
trial.  In  all  probal)ility,  when  the  decision  did  come  from 
Mexico,  the  case  would  be  dismissed  or  the  accuse<l  sentenced 
and  punished  without  trial.  The  jails,  in  cases  where  they 
existed  at  all,  were  of  the  poorer  class  of  prison  pens  ;  and  inno- 
cent persons  might  languish  in  them  without  just  cause,  while 
waiting  for  a  decision  from  unscrupulous  or  careless  authori- 
ties. Yet  with  this  loose  system  of  judicial  procedure  the 
number  of  criminal  cases  seemed  to  multiply  during  the  latter 
days  of  the  Spanish  and  Mexican  regime. 

Towns  at  or  near  the  presidios  were  subject  to  a  more  rigor- 
ous discipline  in  judicial  affairs.     They  were  overshadowed 
by  military  authority,  and  the  functions  of  the  civil  authorities 
were  reduced  to  a  minimum.    But  the  decisions  upon  cases  were 
very  inconsistent;  sometimes  they  were  severe,  sometimes  lax 
and  in  many  cases  unjust.     Upon  the  whole,  judicial  affairsA 
were  administered  according  to  the  whims  of  the  officers  in  J 
power.      Theoretically,  the  trial  of  all  civil  cases  was  to  ber 
referred  first  to  the  alcalde,  second  to  the  commandant,  and    . 
third  to  the  governor.     But  all  civilians  residing  at  the  pre-    \ 
sidios  had  to  apply  to  the  commandant  for  redress  of  griev- 
ances, and  all  criminal  cases  had  to  be  referred  to  the  military 
for  trial  by  court  martial  without  any  appeal.^     This  finally 
threw   the  greater  part   of  the  judicial  procedure  into  the    / 
hands  of  the  military  powers,  to  be  directed  by  the  governor   ' 
or  the  commandant. 

The  classification  of  crimes  and  the  application  of  penalties 
show  ignorance  and  gross  carelessness  on  the  part  of  many 
officials.  Severe  punishments  were  frequently  given  for  what 
would  now  be  considered  slight  offences,  and  again,  flagrant 
crimes  were  allowed  to  go  unpunished.  There  were  many 
attempts  to  govern  society  by  establishing  for  the  conduct  of 
individuals,  a  multitude  of  restrictions,  which  succeeded  in 


^  Bancroft,  California,  II,  512. 


294  Spanish  Institutions  of  the  Southwest. 

irritating  the  people  and  not  infrequently  inciting  to  wrong- 
doing. For  instance,  at  Monterey  no  person  could  be  out  of 
his  house  after  the  hours  "of  la  queda"  except  in  case  of 
urgent  necessity,  under  penalty  of  eight  days'  imprisonment. 
The  hour  of  la  queda,  or  retirement,  was  proclaimed  by  the 
sound  of  the  bell  or  the  beat  of  the  drum.  No  person  could 
have  company  in  his  house  after  the  hour  of  la  queda  with- 
out the  previous  consent  of  the  Ayuntamiento.  Strict  at- 
tendance on  church  was  imperatively  enjoined,  and  persons 
were  forbidden  to  leave  the  church  after  service  had  com- 
menced, under  penalty  of  a  fine.  These  and  many  other  rules 
are  found  on  the  records  of  the  municipal  ordinances  of  Mon- 
terey.^ Gaming,  either  in  public  or  private,  was  forbidden  ; 
there  were  fines  for  drunkenness  and  for  the  sale  of  intoxi- 
cating liquors  at  specified  times.  There  was  an  attempt  to 
discourage  the  free  use  of  horses  irrespective  of  ownership,  a 
custom  which  had  long  prevailed  in  California.  If  a  person 
desired  a  change  of  horses,  he  caught  the  first  desirable  one 
that  he  saw,  changed  his  saddle,  turned  his  old  horse  loose, 
mounted  the  fresh  one,  and  continued  his  journey.  In  early 
times,  when  there  were  plenty  of  horses  and  everybody 
adopted  the  same  custom,  there  was  nothing  wrong  in  this 
practice ;  but  as  society  became  more  settled,  the  lines  of 
distinction  between  the  property  of  individuals  became  more 
prominent.  The  act  was  finally  regarded  as  a  misdemeanor, 
a  theft;  and  the  penalty  attached  to  the  act  of  taking  another's 
horse  without  the  owner's  consent  was  a  fine  of  six  dollars. 
In  January,  1824,  Argiiello  decreed  that  no  person  should 
leave  town,  presidio,  or  ranch,  without  a  passport  from  the 
civil  authority ;  and  soon  after  forbade  the  buying  and  selling 
of  cattle  without  notice  to  the  administrator  of  revenues.  No 
person  could  make  a  transfer  of  produce  without  the  consent 
of  the  alcalde.  In  each  case,  the  penalty  for  disobeying  the 
ordinance  was  fine  and  confiscation  of  property.     To  illlustrate 

^  Ordinanzes  Municipales ;  Bancroft,  Cal.,  II,  612. 


Political  and  Judicial  Powers.  295 

the  vagaries  of  judicial  procedure,  the  proclamation  of  Ar- 
giiello  will   suffice.     He  declared  the  death  penalty  for   all 
thefts  exceeding  twenty-five  dollars ;  and,  where  force  or  false 
keys  were  used,  that  the  body  of  the  accused  should  be  quar- 
tered.*    The  severe  attempts  made  to  lessen  crime  were  fail- 
ures ;    for  they  did  not  inspire   people  with  a  sense  of  the 
majesty  of  the   law.      The  whole  procedure  of  justice  was\       >►. 
erratic  in  the  extreme.      There  was  an  abundance  of  laws  \    j/j 
enacted,  and  minute  rules  of  procedure  were  not  wanting;    j 
but  in  practice  the  system  was  irregular  and  impolitic.  '^ 

Upon  the  whole  the  central  government  exercised  the  • 
major  part  of  administration,  and  left  but  little  for  the  local 
authorities  to  do.  Yet  the  distance  from  the  seat  of  central) 
government  made  it  possible  for  men  of  determination  to  ex-* 
ercise  great  authority  for  a  time.  The-organization^.waa  com- 
plete enough.  With  president,  congress,  territorial  legislature, 
territorial  diputacion,  prefects  and  sub-prefects,  supreme  and 
secondary  courts,  alcaldes  and  ayuntamientos,  there  was  suf-  | 
ficient  machinery  of  government  to  have  given  the  people  a 
wise  and  just  administration.  As  it  was,  the  whole  subject  is 
a  picturesque  representation  of  the  attempt  of  a  class  of  care- 
less, ignorant,  or  inefficient  officers  to  use  a  great  system  of 
law  and  administration.  Many  of  the  laws  were  wise  and 
humane ;  but  they  were  apt  to  prove  otherwise  in  their  appli- 
cation. There  were  many  conscientious  and  well-informed 
officials  ;  but  the  conditions  of  the  country  forbade  any  show  of 
their  intelligence.  Should  one  man  undertake  a  reform,  his 
sub-officers  were  slow  in  assisting  him  to  carry  it  out.  Yet 
it  may  be  said  in  general  that  the  people  were  happy  under 
this  rule,  at  least  until  they  learned  that  a  better  government 
was  possible. 

^Bancroft,  California,  II,  513. 


CHAPTER  XIY. 

Trade   and   Commeece. 

The  chief  object  that  impelled  the  nations  of  Europe  to  plant 
colonies  and  extend  civilization  to  barbarous  countries  was  the 
promotion  of  commerce.  Whatever  other  motives  have  from 
time  to  time  prompted  nations  to  enter  into  the  process  of 
colonization,  to  make  a  market  for  home  productions  and  to 
stimulate  home  industries  have  always  been  uppermost  in  the 
plans  of  monarchs  and  statesmen.  Xor  did  colonization  rest 
wholly  upon  the  schemes  for  gratifying  personal  or  national 
ambition  for  conquest,  although  this  must  be  considered  ;  but 
it  was  rather  a  movement  incident  upon  modern  industrial 
progress  and  especially  competition  in  trade.  As  has  already 
been  stated,  the  mother  country  sought  to  control  colonial 
trade  for  the  sole  benefit  of  the  home  government. 

In  attempting  to  do  this,  nations  have  varied  in  their 
methods  as  well  as  in  the  degree  of  success  attending  such 
arbitrary  usage.  But  for  a  pronounced  attempt  at  direct  and 
complete  control  of  colonial  trade,  the  Spanish  monarchs  rep- 
resent a  unique  type  of  absolutism.  For  the  purpose  of  regu- 
lating trade,  there  was  created  in  Spain,  in  the  year  1501,  the 
Casa  de  Contratacion,  or  House  of  Trade,  which  combined  the 
powers  of  a  board  of  trade  and  a  supreme  court  of  adjudica- 
tion. Its  authority  was  final  in  all  matters  pertaining  to 
trade  and  commerce,  with  the  exception  that  it  was  formally 
amenable  to  the  Council  of  the  Indies  as  a  supreme  govern- 
ing body.  Through  this  board,  Spain  sought  to  control 
commerce  for  her  own  benefit  bv  competing  with  other  nations 
296 


Trade  and  Commerce.  297 

in  making  tlie  best  possible  use  of  her  colonies.  lu  order  to 
place  all  commerce  more  completely  under  the  control  of  the 
government,  it  was  ordered  that  all  colonial  trade  should  pass 
through  the  town  of  Seville.  Consequently,  for  many  years 
not  a  vessel  could  unload  a  cargo  except  at  this  port,  nor  could 
the  out-bound  ship  receive  goods  except  as  they  passed  through 
Seville.  At  a  later  date,  Cadiz  became  the  favored  city  in 
place  of  Seville.  All  commerce  had  to  be  carried  on  in  Spanish 
ships,  and  all  colonial  trade  had  to  pass,  not  to  other  nations, 
but  through  a  single  town  in  Spain.  Even  a  cariying  trade 
between  one  colony  and  another  was  forl.iiddeu.  Instead  of 
placing  trade  in  the  hands  of  monopolies,  the  Spanish  govern- 
ment became  a  monopoly  for  the  puqjose  of  manipulating 
colonial  trade.  Yet  the  custom  of  passing  all  trade  through 
one  town  necessarily  threw  it  into  the  hands  of  a  few  business 
houses,  and  created  a  monopoly  without  a  special  grant. 

In  the  colonies  this  oppressive  policy  was  even  more  arbi- 
trary :  for  the  home  government,  in  its  passion  to  secure  an 
exclusive  trade,  endeavored  to  keep  foreigners  from  the  coast 
by  force  of  law.  No  foreigner  could  enter  the  colonies  with- 
out express  permission,  and  no  vessel  could  enter  their  harbors. 
To  prevent  colonists  from  trading  with  foreigners,  the  penally 
fixed  was  death  and  forfeiture  of  property.  To  strengthen 
further  the  trade  policy,  Spain  forbade  the  cultivation  in 
the  colonies  of  such  raw  products  as  came  into  direct  competi- 
tion with  the  home  industries.  The  culture  of  saffron,  hemp, 
tobacco,  olives,  grapes  in  vineyards,  and  many  other  products 
was  strictly  forbidden.  These  laws  were  enacted  at  different 
times,  and  it  is  astonishing  to  observe  to  what  extent  the 
Spanish  government  succeeded  for  many  years  in  maintaining 
a  trade  monopoly.  Yet  there  could  be  but  one  result  of  such 
a  pernicious  policy,  that  of  final  collapse  and  fiiilure. 

In  consequence  of  these  arbitrary  measures,  smuggling  was 
carried  on  to  a  great  extent,  not  only  by  foreigners  but  by  the 
Spaniards  themselves  ;  and  there  were  organized  at  this  time  in 
the  ^Vest  Indies  bands  of  pirates  whose  descendants  still  ply 


298  Spanish  Institutions  of  the  Southwest. 

the  dark  trade.  Other  nations  made  the  arbitrary  measures 
of  the  Spanish  monopoly  an  excuse  for  preying  upon  the 
Spanish  commerce,  and  many  a  galleon  loaded  with  treasure 
fell  into  the  hands  of  the  English  and  Dutch  free-booters. 

On  the  Pacific  coast  a  continuous  intercourse  was  kept 
up  between  New  Spain  and  the  Philippine  Islands.  In  1564, 
Philip  II.  succeeded  in  planting  a  colony  in  these  islands, 
and  established  the  capital  of  Manilla.^  From  this  point, 
active  commerce  with  Chipa  sprang  up,  and  trade  was  opened 
with  America  by  a  long  route  to  Callao  and  afterwards  to  Aca- 
pulco  on  the  coast  of  New  Spain.  There  were  only  one  or  two 
ships  each  year  that  plied  their  trade  on  this  famous  route  be- 
tv/een  these  distant  points ;  but  they  were  laden  with  silver  pro- 
ducts of  ximerican  mines  on  their  outward  course,  and  with  spices, 
clothes,  and  the  products  of  the  Orient  on  their  return.  Their 
cargoes  were  valuable,  and  the  inhabitants  of  New  Spain  had 
their  wants  supplied  from  the  other  side  of  the  Pacific  in  ex- 
change for  the  products  of  their  mines.  It  is  a  remarkable 
event  that  the  monopoly  of  this  trade  was  secured  to  a  single 
part  of  New  Spain;  that  other  provinces,  such  as  Peru,  were 
forbidden  to  barter  even  for  a  part  of  the  ship's  cargo.  It  is  a 
single  instance  of  a  mother  country  granting  a  monopoly  for 
the  benefit  of  her  colonies ;  and  those  who  discovered  this  fact 
tried  in  vain  to  repeal  the  laws  granting  such  great  privileges, 
which  they  claimed  would  encourage  the  independence  of  the 
colonists.  But  the  Manilla  galleons  still  pursued  their  lonely 
course  across  the  wide  Pacific,  unmolested,  except  by  the  Dutch 
and  English  free-booters.  In  order  to  control  the  trade 
between  the  New  and  the  Old  World,  every  ship's  cargo  had  to 
be  inspected  by  the  Board  of  Trade,  and  in  order  to  secure 
these  ships  against  free-booters,  the  trading  vessels  sailed  in 
squadrons  with  means  of  defense.  The  squadrons  of  the 
Galeous  and  the  Flota  each  sailed  annually  from  Seville. 
The  former  landed  at  Panama,  where  it  was  met  by  the  mer- 

^  Robertson,  History  of  America,  II,  427. 


Trade  and  Commerce.  299 

chants  of  Peru,  Chili,  and  the  South,  and  in  a  short  time  after 
its  arrival  the  native  wealth  of  the  New  World  was  exchanged 
for  the  finished  products  of  the  Old.  Within  the  space  of  forty- 
days  there  was  carried  on  the  most  extensive  trade  of  the  world. 
The  Flota  landed  its  cargo  at  Vera  Cruz,  where  a  similar  traffic 
was  carried  on.  For  over  two  centuries,  Spain  supplied  with  a 
meagre  hand  the  wants  of  her  American  colonists,  and  brought 
to  the  home  government  the  riches  of  the  mines  and  the 
products  of  the  fertile  soil  and  tropical  climate  of  the  New 
World.  But  notwithstanding  the  great  precaution  assumed, 
the  trade  declined ;  and  the  mother  country  failed  to  reap  the 
benefits  of  an  industry  so  jealously  guarded.  In  the  first 
place,  as  the  industries  of  the  home  government  declined,  the 
finished  products  w^ere  furnished  by  the  surrounding  nations; 
consequently,  Spain  became  but  a  shipping  station,  from  which 
European  goods  were  forwarded  to  America,  and  through  which 
returned  the  silver  of  the  mines  of  Peru  and  Mexico  on  its 
way  to  repay  the  nations  who  furnished  the  supplies.  Another 
great  difficulty  was  the  practice  of  smuggling,  carried  on  alike 
by  foreigners  and  the  officers  of  the  Spanish  government.  In 
every  possible  way  the  government  tried  to  suppress  it,  but 
without  marked  success.  The  trade  was  continually  absorbed 
more  and  more  by  foreign  ships.  To  prevent  this,  Spain 
passed  laws  forbidding  foreigners  to  trade  with  the  colonies, 
and  finally  established  a  coast  guard  to  protect  the  trade  and 
to  apprehend  and  arrest  smugglers.  On  account  of  the  in- 
crease of  contraband  traffic,  Spain  finally  granted  through 
the  council  of  the  Indies  the  privilege  of  private  commerce 
by  means  of  registered  ships.  The  owners  paid  a  high  license 
for  the  privilege  of  this  trade.  This  process  led  to  the  abol- 
ishment of  the  Galleons  by  a  fuero  of  1748.  Thus  the  trade 
policy  of  Spain  broke  down  by  reason  of  its  own  defects,  and 
was  not  revived  until  the  middle  of  the  eighteenth  century. 
This  exclusive  trade  policy,  which  forbade  the  commercial 
intercourse  of  two  adjacent  provinces,  prevented  the  develop- 
ment of  commerce.     Indeed  there  could  be  no  trade  until  a 


300  Spanish  Institutions  of  the  Southivest. 

reform  was  made.  It  was  not  until  the  time  of  Carlos  III. 
that  commercial  intercourse  was  established  among  the  colo- 
nies, and  then  it  did  not  exist  without  certain  arbitrary  re- 
strictions. The  revival  of  commerce  under  Carlos  III.  has 
been  described  elsewhere.  It  was  before  the  settlement  of 
California,  in  the  year  1765,  that  the  king  of  Spain  relaxed 
the  stringent  trade  restrictions  which  had  been  in  vogue  for 
more  than  two  centuries.  The  monarch  saw  that  neither 
Spain  nor  the  colonies  prospered  under  the  excessive  pro- 
hibitions. The  reform  was  begun  by  opening  up  several  of 
the  maritime  towns  of  Spain  to  the  trade  of  the  colonies, 
instead  of  forcing  all  trade  through  one  port.  In  1799,  during 
the  war  of  England  with  Spain,  the  latter  allowed  neutral 
vessels  to  share  the  carrying  trade  between  the  mother 
country  and  the  colonies.  But  there  were  still  sufficient  re- 
strictions to  bear  heavily  upon  commerce.  Under  Mexican 
rule  many  of  the  trade  restrictions  were  continued,  and  when 
trade  between  California  and  the  other  countries  and  nations 
began  to  increase,  the  people,  the  traders,  and  the  govern- 
ment officials  attempted  to  evade  the  rigorous  laws. 

A  royal  order  of  1786  permitted  free  trade  between  the 
province  of  California  and  San  Blas.^  In  1785,  the  govern- 
ment attempted  commerce  with  China,  a  trade  of  peltries  for 
quicksilver ;  but  the  trade  was  restricred  to  the  government 
through  an  authorized  agent,  and  private  individuals  were  for- 
bidden to  indulge  in  trade  or  to  purchase  furs.  The  govern- 
ment officials  collected  a  considerable  quantity  of  furs,  and  after 
the  usual  delay  sent  them  to  China.  But  the  attempt  of  the 
government  to  realize  the  benefits  of  a  fur  monopoly  failed, 
although  legal  restrictions  were  imposed  upon  the  rights  of 
individual  enterprise.  In  this,  as  in  many  other  things,  the 
government  failed  to  execute  the  laws  ;  and  the  result  was  that 
trade  and  commerce  gradually  made  inroads  upon  the  prov- 
inces.    The  Russians  at  an  early  date  made  excursions  south- 

^  Bancroft,  California  Pastoral,  459. 


Trade  and  Commerce.  301 

ward  along  the  coast  in  search  of  the  otter,  and  established 
a  trading  post  near  Bodega  Bay.    They  even  entered  the  harbor 
of  San  Francisco  to  take  the  otter  and  for  purposes  of  trade. 
Their  ships  secured  supplies  from  the  missions  and  water 
from  the  coast.     Their  presence  led  to  a  great  deal  of  uneasi- 
ness on  the  part  of  the  Spanish  government,  although  the 
people  of  the  province  were  little  concerned.     The  early  trade 
of  California  consisted  essentially  in  the  exchange  of  hides 
and  tallow  for  goods  or  for  money.    This  along  with  the  sup- 
plying of  the  ships  with  grain,  beef,  and  other  domestic  pro- 
duce, represented  the  total  amount  of  business  of  the  country. 
First  upon  California  coast  for  the  purpose  of  trade  were 
Boston  trading  ships.     The  missions  of  California  had  fur- 
nished supplies  hitherto  to  such  expeditions  as  that  of  Van- 
couver and  La  Perouse,  and  there  was  occasional  barter  with 
lesser  explorers  and  hunters,  but  the  first  trade  opened  up 
to  the  towns  and  villages  of  California  was   conducted  by 
the  Boston  merchants.     Prior  to  their  arrival,  the  colonists 
depended  upon  the  Spanish  packet  boats  to  bring  from  Mex- 
ico such  supplies  as  they  used.     The  Boston  ships  carried 
all  kinds  of  goods,  which  they  traded  for  hides  and  tallow, 
then  almost  the  sole  exports  of  the  country.     It  was  one  of 
these  trading  ships  that  Dana  accompanied  in  the  two  years' 
voyage,  which  he  has  so  graphically  described.     His  vessel 
went  from  port  to  port,  and  most  of  the  trading  was  done  in  the 
ship,  while  riding  at  anchor  in  the  bay.     Mr.  Dana  gives  the 
following  description  of  their  trade  at  Monterey  :  "  The  next 
day,  the  cargo  having  been  entered  in  due  form,  we  began 
trading.     The  trade-room  was  fitted  up  in  the  steerage,  and 
furnished  with  the  lighter  goods,  and  with  specimens  of  the 
rest  of  the  cargo ;  and  Melius,  a  young  man  who  came  out 
from  Boston  with  us  before  the  mast,  was  taken  out  of  the 
forecastle  and  made  supercargo's  clerk.     He  was  well  quali- 
fied for  this  business,  having  been  clerk  in  a  counting  house 
in  Boston;  but  he  had  been  troubled  for  some  time  witli  rheu- 
matism, which  unfitted  him  for  the  wet  and  exposed  duty  of 


302  Sjxmish  Institutions  of  the  Southwest. 

a  sailor  on  the  coast.  For  a  week  or  ten  days  all  was  life  on 
board.  The  people  came  off  to  look  and  to  buy,  men,  women, 
and  children ;  and  we  were  continually  going  in  the  boats, 
carrying  goods  and  passengers,  for  they  have  no  boats  of  their 
own.  Everything  must  dress  itself  and  come  aboard  and  see 
the  new  vessel,  if  it  were  only  to  buy  a  paper  of  pins.  The 
agent  and  his  clerk  managed  the  sales,  while  we  were  busy  in 
the  hold  or  in  the  boats.  Our  cargo  was  an  assorted  one ; 
that  is,  it  consisted  of  everything  under  the  sun.  We  had 
spirits  of  all  kinds  (sold  by  the  cask),  teas,  coffee,  sugars, 
spices,  raisins,  molasses,  hardware,  crockery  ware,  tinware,  cut- 
lery, clothing  of  all  sorts,  boots  and  shoes  from  Lynn,  calicoes 
and  cottons  from  Lowell,  crapes,  silks;  also  shawls,  scarfs, 
necklaces,  jewelry,  and  combs  for  the  women ;  furniture;  and 
in  fact,  everything  that  can  be  imagined,  from  Chinese  fire- 
w^orks  to  English  cart-wheels,  of  which  we  had  a  dozen  pairs 
with  their  iron  tires  on."  These  were  the  articles  that  the 
Californians  desired  in  exchange  for  their  silver  and  for  hides 
and  tallow.     The  prices  were  high  and  the  profits  great. 

In  the  early  period  a  foreign  vessel  in  the  harbor  was  a 
rare  sight,  but  after  the  Mexican  revolution,,  the  vessels  ap- 
peared with  greater  frequency.  In  1831,  nineteen  vessels, 
chiefly  from  Boston,  anchored  in  Californian  harbors.^  They 
brought  the  usual  supplies  in  exchange  for  hides  and  tallow. 
In  1832,  the  number  was  increased  to  twenty-four,  seven  of 
which  were  whalers.  During  the  period  from  1831  to  1835, 
there  were,  according  to  Bancroft,  ninety-nine  vessels  on  the 
coast,  composed  chiefly  of  traders,  whalers,  and  vessels  seeking 
supplies.^  The  trade  in  hides  and  tallow  was  quite  brisk 
during  this  period.  The  larger  number  of  the  trading  vessels 
floated  the  American  flag.  The  customs  duties  collected  for 
1834  and  1835  amounted  to  about  $50,000  per  annum.  At 
this  time  Governor  Victoria  made  strenuous  efforts  for  a  more 


^  Bancroft,  California,  III,  363. 

2  Bancroft,  California,  III,  380.     A  list  of  vessels  is  given. 


n 


Trade  and  Commerce.  303 

rigid  enforcement  of  the  revenue  laws.     He  declared  Monterey 
to  be  the  only  legal  port,  and  that  a  vessel  could  not  discharge 
its  cargo  elsewhere  without  a   certificate   from  the    revenue 
officer  that  the  duties  had  been  paid  at  that  place.     Rule  after 
rule  was  declared  by  the  Governor,  and  also  by  the  Mexican 
congress,  much  to  the  dissatisfaction  of   the  people  and  of 
some  of  the  local  officers.     For  the  people  desired  to  see  ves- 
sels  coming   to   port  and   trade   increased.     The  severe  re- 
strictive measures  had  the  effect  of  driving  the  vessels  to 
Honolulu,  and  led  to  the  practice  of  smuggling.     Nearly  all 
of  the  fur  trade  was  contraband,  as  well  as  much  of  the  regular 
import  trade.     The  heavy  duties  imposed  upon  domestic  and 
coast  trade  were  very  detrimental  to  all  progress.     A  distin- 
guished traveler  stated  in  1838,  "  If  the  laws  now  in  exist- 
ence on  paper  were  rigidly  enforced,  there  would  not  at  this 
moment  be  a  single  coasting  vessel  on  all  of  the  Mexican 
coast  of  the  Pacific."  ^     The  following  quotations  from  Ban- 
croft  illustrate  the  situation  in  1826:    "In  June,  Herrera, 
following  instructions  from  his  superior  in  Sonora,  ordered  that 
no  vessel  be  allowed  to  load  or  unload  in  any  other  port  than 
Monterey.     He  admitted  that  such  a  rule  was  ruinous  to  the 
territorial  commerce,  and  said  he  had  protested  against  it,  but 
could   not   disobey   orders.      Echeandia,   however,    counter- 
manded the  rule  provisionally,  and  it  did  not  go  into  effect, 
but  at  the  same  time  an  internacion  duty  of  fifteen  per  cent, 
and  an  averia  duty  of  two  and  a  half  per  cent,  were  added  to 
the  former  import  duty  of  twenty-five  per  cent.,  making  a 
total  of  42^  per  cent.,  besides  an  anchorage  tax  of  §10  for 
each  vessel,  and  a  tonnage  rate  of  $2.50  per  ton.     Naturally 
these  exactions  displeased  both  the  traders  and  the  consumers 
of  foreign    goods;  but   they   sought   relief,    not    in  written 
petitions,  but  in  various  smuggling  expedients,  in  which  they 
were  rarely  detected,  and  which  therefore,   for  this  year  at 


^  Forbes,  California,  298. 


304  Spanish  Institutions  of  the  Southwest. 

least,  find  uo  place  in  the  records."^  The  officers  nearly 
always  made  a  show  of  trying  to  execute  the  revenue  and 
commerce  laws,  but  they  failed  as  often  as  they  succeeded. 
Occasionally  a  contraband  ship  was  taken,  and  its  goods 
were  confiscated  or  sent  to  Mexico  for  adjudication.  Some 
officers  claimed  that  it  was  impossible  to  enforce  the  laws. 
Although  under  the  Mexican  rule,  the  ports  of  California 
were  opened  to  foreign  trade,  it  was  still  the  policy  of 
the  government  to  continue  to  make  laws  and  restrictions 
after  the  manner  of  the  Spanish  government,  and  to  hedge 
up  the  way  of  progress  by  a  multiplicity  of  regulations 
and  a  system  of  espionage.  Under  the  old  regime  the 
product  of  one  country  could  not  be  sent  to  another 
without  the  payment  of  a  heavy  duty  (alcavala) ;  neither 
could  it  be  removed  from  one  town  to  another  without  repay- 
ing the  odious  duty.  Add  to  this  the  intrigues  and  the  petty 
policy  of  the  government  officers  and  the  multiplicity  of  laws 
and  regulations,  and  there  is  no  wonder  to  be  excited  by  the 
failure  of  domestic  commerce  to  flourish.  What  could  have 
prompted  the  Spanish  government  thus  to  cripple  the  domes- 
tic commerce  of  her  subjects  and  at  the  same  time  injure  her 
own  interests,  is  an  unsolved  problem ;  unless  it  was  a  revival  of 
an  ancient  policy,  adopted  for  the  purpose  of  keeping  the  pro- 
vinces from  developing  unity,  strength,  and  finally  independ- 
ence. Certainly  divide  et  impera  was  the  result  of  the  well- 
worn  policy.  As  the  people  were  in  great  need  of  foreign 
products,  and  the  tax  on  imports  was  so  high  that  few  traders 
could  pay  it  with  any  degree  of  advantage,  smuggling  was  com- 
mon, and  was  encouraged  by  the  people,  who  desired  goods,  and 
by  the  officers,  who  were  in  sympathy  with  the  people.  Gover- 
nor Argiiello  said  in  1824,  "I  see  not  why  we  should  prevent 
it,  since  our  people  are  the  gainers."^  The  trade  restrictions 
were  so  great  that  merchants  could  not  conduct  their  business 
on  an  honest  basis  ;  therefore  they  joined  with  the  contraband 


'  Bancroft,  California,  III,  117. 


Trade  and  Commerce.  305 

parties  for  the  purpose  of  obtaining  free  goods.  In  1849, 
smuggling  became  so  common  that  the  country  was  flooded 
with  cheap  goods,  which  greatly  interfered  with  trade.  Officials 
became  rich  by  means  of  bribes  paid  them  to  allow  goods  to 
be  admitted  free  of  duty.  The  ^lexican  administration  was 
not  powerful  enough  to  protect  the  laws  which  had  been  enacted. 
Had  they  been  rigidly  enforced,  California  would  have  suffered 
great  loss. 

In  the  general  trade  between  the  mother  country  and  her 
colonies,  restrictions  were  also  very  oppressive.  Orders  were 
given  as  to  the  time  of  departure  of  vessels,  the  route  to  be  pur- 
sued, and  the  due  inspection  of  each  vessel  by  the  comman- 
dant of  the  port  from  which  it  sailed.  Papers  duly  certified 
could  be  readily  obtained  by  bribes,  and  the  custom  prevailed 
to  such  an  extent  that  it  was  difficult  to  obtain  the  certificates 
without  bribes.  When  the  vessel  arrived  in  an  American  port, 
the  captain  had  to  deliver  up  to  the  commandant  the  ship's 
papers,  and  he  and  his  crew  were  subject  to  marine  military 
law  while  in  the  port.  In  other  words,  they  were  liable  to  be 
tried  for  all  offences  by  the  naval  officers  of  the  port. 

After  the  separation  of  the  provinces  from  Spain,  trade  did 
not  improve  much  for  a  long  time ;  partly  owing  to  the  fact  that 
there  were  few  products  to  exchange,  and  partly  to  the  fact 
that  Mexico,  though  opening  the  ports  to  foreign  trade,  still 
persisted  in  following  the  line  of  restrictions  adopted  by  Spain. 
The  result  was  that  the  merchants  became  a  set  of  smugglers, 
and  were  frequently  aided  by  the- local  officers.^  Even  the 
friars  were  forbidden  by  law  to  trade  and  barter ;  but  they 
were  always  ready  for  an  exchange  of  any  sort ;  and  frequently 
set  the  law  aside  in  order  not  to  spoil  a  good  bargain.  But 
the  results  of  this  narrow  policy  were  more  widely  extended  ; 
for  all  the  commerce  was  carried  on  by  foreign  nations,  and 
their  vessels  continued  to  encroach  more  and  more  upon  the 
restriction  laws.     Of  the  ninety-nine  vessels  hitherto  referred 


'  Forbes,  California,  298. 
20 


306  Spanish  Institutions  of  the  Southwest. 

to  which  touched  on  the  coast  from  1831  to  1835,  only  thirteen 
carried  the  Mexican  flag. 

It  was  early  in  the  thirties  that  the  overland  immigration 
of  trappers  and  traders  assumed  prominence.  Prior  to  this, 
trappers  and  traders  had  frequented  New  Mexico,  and  it  was 
from  this  locality  that  the  first  important  expedition  was 
fitted  out  in  1830.^  During  the  four  years  prior  to  this,  per- 
sons had  made  the  trip  across  the  continent.  As  early  as 
1826,  Jedidiah  S.  Smith  made  the  first  overland  entr}^  into 
California.  He  started  from  a  port  of  the  fur  company  estab- 
lished at  Great  Salt  Lake.^  Other  expeditions  followed  for 
various  purposes;  but  little  trade  or  profit  developed  from 
these  early  expeditions.  They  represent  the  opening  of  the 
territory  from  the  east  by  the  overland  route,  and  prepared 
the  way  for  that  voluminous  stream  of  emigration  which  was 
to  follow  after  1849. 

At  quite  an  early  date,  trade  sprang  up  between  the  Sandwich 
Islands  and  the  California  coast.  This  continued  its  rapid 
development  during  the  latter  part  of  the  Mexican  and  the 
early  American  rule.  The  islands  were  a  rendezv^ous  for 
vessels  engaged  in  smuggling  fur  and  other  products.  A  large 
number  of  vessels  from  the  Sandwich  islands  became  regular 
visitors  to  the  coast.  They  laid  the  foundation  of  what  after- 
wards became  a  substantial  trade  with  California.  The  ship- 
ment of  live  stock  to  the  Islands  began  about  1830,  while 
California  was  still  under  Mexican  rule. 

One  can  not  approach  any  part  of  the  western  history  of 
the  United  States  without  coming  across  the  pioneer  work  of 
the  fur  traders.  Through  trackless  forests  and  over  rugged 
mountains  they  have  carried  the  news  of  civilization  to  the 
lone  trapper  and  to  the  Indian  tribes,  and  have  acquainted  the 
older  settlements  with  tlie  nature  of  the  undeveloped  portions 
of  the  country.  They  have  been  a  means  of  intercommuni- 
cation between  isolated  communities  and  the  civilized  world. 

^Bancroft,  Ccdifornia,  III,  385.  *  Bancroft,  California,  III,  152. 


Trade  and  Commerce.  307 

Professor  Frederick  J.  Turner  of  the  University  of  Wisconsin, 
in  an  address  before  the  State  Historical  Society  of  Wisconsin 
at  its  annual  meeting,  January  3,  1889,  on  "The  character 
and  influence  of  the  trade  in  Wisconsin,"  has  touched  an 
important  phase  of  history,  showing  the  era  previous  to  real 
settlement,  when  the  wilderness  is  becoming  the  sparsely  settled 
community.  What  may  be  said  of  one  part  of  the  country 
relative  to  the  influence  of  the  fur  traders  on  its  develop- 
ment, may  be  said  in  general  of  every  part.  On  the  Pacific 
Slope,  at  an  early  date,  we  find  the  zealous  hunters  and 
trappers  trying  for  the  otter  and  other  wild  game.  Some 
of  them  collected  furs  and  pelts,  and  prepared  to  sell  to 
the  first  out-bound  vessel.  The  Russians  came  down  the 
northwest  coast,  exploring  and  searching  for  game.  They 
formed  a  settlement  at  Bodega  Bay  and,  with  this  point 
as  headquarters,  scoured  the  surrounding  country  for  the 
otter.  They  came  into  the  bay  of  San  Francisco,  while 
the  country  was  in  the  possession  of  the  Spanish  and 
Mexicans.  The  otter  and  seal  hunting  and  trading  brought 
many  parties  to  the  coast,  and  stirred  up  considerable  in- 
terest in  the  country.  Seals  and  otter  were  plentiful  along 
the  coast  and  the  trade  was  lucrative.  The  Spaniards  tried 
to  monopolize  this  industry  by  severe  restrictive  measures  ;  but 
the  laws  were  a  failure,  and  the  capture  of  otter  and  seals  was 
continued  by  those  who,  keeping  a  wary  eye  upon  the  gov- 
ernment, were  willing  to  run  the  risk.  When  La  Perouse 
visited  California  in  1786,  the  Spanish  authorities  were 
attempting  to  secure  a  monopoly  of  the  fur  trade.  A  com- 
missary had  been  appointed  by  the  government,  and  stationed 
at  Monterey  to  collect  the  peltries  from  the  missions  as 
property  of  the  government.  He  had  already  collected 
20,000,  which  number  might  have  been  increased  to  30,000. 
La  Perouse  thought  that  50,000  could  easily  be  procured  an- 
nually. But  from  this  time  the  trade  declined,  and  was 
chiefly  carried  on  by  foreigners,  who  secured  most  of  the  otter 
pelts  by  contraband  methods. 


308  Spanish  Institutions  of  the  Southwest. 

Foreign  commerce  is  one  of  the  greatest  means  to  a  nation's 
prosperity,  and  the  government  that  militates  against  it  with- 
out receiving  a  proper  compensation  for  restrictive  measures 
will  eventually  experience  the  unfavorable  results  of  such  an 
unwise  policy.  In  most  instances  the  Spanish  laws  reacted 
against  the  national  prosperity.  They  arose  from  a  misconcep- 
tion of  the  proper  relation  that  the  colonies  should  sustain  to  the 
mother  country.  To  use  the  colonies  merely  as  a  garden  spot 
to  furnish  the  table  of  the  royal  household,  and  to  insist  that 
none  but  the  royal  family  should  reap  the  benefit  of  the 
garden,  were  principles  that  could  not  but  react  against  the 
nation  that  tried  to  enforce  them.  The  colonists  were  pre- 
vented from  exercising  a  free  intercourse  in  trade,  much  to 
their  injury.  The  intercommunication  of  the  different  parts 
of  New  Spain  ought  to  have  been  encouraged  rather  than  sup- 
pressed. The  Spanish  regulation  of  foreign  and  domestic 
trade  served  not  a  little  to  hasten  the  downfall  of  her  supremacy 
in  America.  By  the  many  exactions,  antiquated  prohibitions, 
exorbitant  duties,  the  hordes  of  officials,  and  the  unrea- 
sonable laws,  the  domestic  trade  was  destroyed,  foreign  com- 
merce suppressed,  the  treasury  of  the  nation  bankrupted, 
and  the  amount  of  the  customs  duties  collected  reduced  to  a 
trifle. 


CHAPTER  XV. 

The  Land  Question. 

One  of  the  most  interesting  as  well  as  the  most  important 
of  all  the  questions  that  concern  the  development  of  a  state,  is 
the  method  adopted  for  the  disposal  of  the  land.  The  land 
question  was  prominent  in  early  Grecian  history ;  it  was  the 
great  cause  of  social  strife  in  Rome,  and  the  fundamental  idea  in 
the  development  of  the  feudal  system.  Two-thirds  of  the  wars 
in  Europe  have  arisen  over  disputed  territory.  The  desire  for 
land  was  the  force  that  impelled  the  movement  of  the  barbar- 
ians into  the  boundaries  of  the  Roman  Empire.  The  desire 
for  land  has  marked  the  long  struggles  of  the  rising  modern 
nations,  and  the  later  diplomatic  strifes  of  the  great  powers  of 
Europe.  But  the  land  once  obtained  by  a  nation  from  what- 
soever source  had  to  be  distributed  among  the  governed  and 
the  governors,  and  the  policy  of  disposing  of  the  public  domain 
and  controlling  private  property,  characterized  by  diflPerent 
methods  at  different  stages  in  the  progress  of  nations,  has  been  a 
political  influence  in  advancing  or  retarding  the  interests  of  the 
state.  For  centuries  after  the  dissolution  of  the  Western 
Empire,  the  feudal  tenure  of  land  arising  from  Roman  law 
and  Teutonic  custom  prevailed  almost  universally  among  the 
young  nations  of  Europe.  Feudalism  rested  upon  a  land 
basis,  and  feudalism  was  everywhere  the  system  of  government. 
Feudal  tenure  was  therefore  the  land  tenure  of  the  middle 
ages,  and  its  forms  prevailed  almost  universally  down  to  the 
close  of  the  last  century ;  in  some  cases,  to  the  middle  of  the 
present  century.     The  first  formal  renunciation  of  all  forms 

309 


310  Spanish  Institutions  of  the  Southwest. 

and  effects  of  feudal  tenure  is  to  be  credited  to  the  United 
States  in  the  land  system  established  in  1785-87. 

While  feudalism  prevailed  in  Spain,  the  law  of  real  property 
in  vogue  at  the  time  of  the  discovery  and  settlement  of 
America,  followed  very  closely  after  the  Roman.  The  laws  of 
ownership,  usufruct,  emphyteusis,  dower,  prsedial  and  urban 
servitudes  were  taken  almost  bodily  from  the  Roman  laws. 
Likewise,  occupancy,  contracts,  and  obligations  were  deter- 
mined by  the  same  principles  as  those  that  governed  the 
Roman  customs.  Feudal  tenure  prevailed  only  in  the  acces- 
sion and  disposal  of  large  tracts  of  land,  and  it  was  manifested 
in  the  disposal  of  land  in  the  colonies.  As  has  been  pre- 
viously stated,  the  monarchs  of  Spain  regarded  all  newly  dis- 
covered land  in  America  as  their  peculiar  possession,  to  be 
disposed  of  at  will,  since  they  had  secured  it  as  a  special  fief  of 
the  Pope.  While  this  was  true  in  theory,  and  the  possession 
of  land  came  through  grants  from  the  king,  yet  the  civil  law  of 
Spain  prevailed  in  the  colonies.  The  disposal  of  property  in 
fee  simple  followed  the  laws  of  Spain  which  had  arisen  after 
feudal  tenure  began  to  decline. 

The  monarchs  of  Spain  disposed  of  the  laud  of  the  New 
World  with  great  liberality,  in  accordance  with  a  desire  to 
reap  an  advantage  thereby.  It  was  necessary  to  reward  ex- 
plorers and  all  of  those  persons  who  had  rendered  the  king 
special  service,  and  there  was  no  easier  way  to  pay  the  debt 
than  to  grant  a  few  square  miles  of  land  to  the  royal  servants. 
Again,  it  was  necessary  that  the  new  territory  be  peopled  with 
colonists  and  laborers,  so  that  the  products  of  America  might 
enrich  Spain.  Therefore,  the  Spanish  government  held  out 
extraordinary  inducements  for  settlers  to  occupy  the  new 
possessions.  Colonists  were  offered  free  passage,  the  loan  of 
money  or  stock,  free  lands  and  free  homes,  gifts  of  stock  and 
farming  implements,  and  exemption  from  taxation  and  tithes, 
if  they  would  comply  with  the  conditions  of  the  prescribed 
contract  to  settle  on  the  land.  This  extreme  liberality  was 
fully  offset  by  the  rules,  restrictions,  and  burdens  laid  upon 


The  Land  Question.  311 

the  colonists  after  they  were  penuaueutly  located  on  the  soil. 
The  sole  object  of  all  this  generosity  on  the  part  of  the  crown 
of  Spain  was  to  bring  about  a  condition  which  should  make 
the  new  possessions  yield  the  greatest  possible  income  to  the 
owners.  This  was  the  idea  always  uppermost  in  the  minds  of 
the  Spanish  rulers,  and  it  led  frequently  to  oppression,  taxa- 
tion, and  abuse.  Like  the  ancient  feudal  lord,  the  Spanish 
sovereign  aimed  to  take  all  that  the  soil  would  yield  above  a 
bare  subsistence  for  the  tenants. 

The  methods  by  which  the  monarchs  of  Spain  early  sought  to 
establish  towns  and  colonies  in  New  Spain,  have  already  been 
presented.^  From  time  to  time  the  Spanish  government  es- 
tablished new  laws  for  the  purpose  of  increasing  their  interests 
in  the  New  World.  The  government,  though  generous  in  the 
giving  of  land  to  encourage  colonization,  was  not  slow  in  im- 
posing upon  those  who  had  accepted  it  the  severest  restrictions. 
Among  the  last  of  the  laws  enacted  by  Spain  on  account  of 
the  land  policy  in  America  was  the  decree  of  the  Cortes  of 
March  12,  1811.  The  object  of  the  decree  was  "to  furnish 
the  inhabitants  of  the  extensive  provinces  in  America  all  the 
means  necessary  to  promote  and  secure  their  real  happiness." 
To  secure  this,  it  was  deemed  wise  to  issue  the  decree  "  with 
the  interesting  object  of  encouraging  in  those  countries  the 
advancement  and  improvement  of  agriculture  and  industry, 
and  to  diminish,  as  far  as  practicable,  the  impediments  and 
obstructions  which  at  present  retard  their  progress,  to  the  great 
injury  of  the  state."  ^  The  main  articles  of  the  decree  relate 
to  the  reduction  of  taxes  and  the  removal  of  restrictions.  The 
reduction  of  taxes  was  accompanied  by  a  request  to  pur- 
chase securities  to  help  pay  for  a  loan  of  twenty  millions  of 
dollars  then  recently  opened  in  Spain.  But  the  reduction  in 
the  taxes  was  for  the  purpose  of  pleasing  the  people  of  America, 
and  of  relieving,  in  a  measure,  their  burdens. 


1  See  Chapters  IV.  and  VIII. 

■^  Rockwell,  Spanish  and  Mexican  Law,  397. 


312  Spanish  Institutions  of  the  Southwest. 

This  law  was  followed  by  a  decree  of  September  27,  1820, 
abolishing  all  kinds  of  entails.  One  of  the  celebrated  methods 
of  disposing  of  land  was  known  as  the  mayorazgo,  which  is 
defined  as  "  the  right  to  the  enjoyment  of  certain  aggregate 
property,  left  with  the  conditions  therein  imposed,  that  they 
are  to  pass  in  their  integrity  perpetually,  successively,  to  the 
eldest  son."  ^  The  property  of  the  mayorazgo  was  "  indi- 
visible even  to  the  enjoyment  of  its  fruits."  It  could  not  "  be 
alienated,  hypothecated,  given  in  emphyteusis,  encumbered 
with  servitudes,  nor  disposed  of  by  compromise."  ^  Nearly 
all  of  the  lands  granted  to  colonists,  and  indeed  many  of  the 
large  estates  granted  to  individuals,  were  more  or  less  entangled 
in  this  form  of  grant.  By  a  decree  of  the  Cortes,  referred  to 
above,  the  possessor  of  an  entailed  estate  was  granted  power  to 
sell  half  of  the  property,  and  the  other  half  descending  to  the 
rightful  heir  could  be  disposed  of  at  the  will  of  the  possessor. 

In  the  following  year  (1821),  the  Cortes  passed  another 
decree  explaining  the  law  of  1820,  that  it  might  be  executed 
without  confusion.  The  Mexican  congress,  by  an  act  of  August 
7,  1823,  passed  a  law  abolishing  entails,  which  was  almost 
identical  with  the  law  of  the  Cortes  of  1820.  The  Mexican 
law  declared  all  property,  held  in  the  form  of  mayorazgos 
prior  to  1820,  free;  and  prohibited  the  creation  of  mayorazgos 
in  the  future.  This  was  a  great  step  forward  toward  free 
trade  in  land.  It  was  the  last  blow  to  the  mediaeval  forms 
of  land  tenure.  The  above  laws  applied  to  all  Spanish  or 
Mexican  territory,  including  California  and  New  Mexico. 
Under  the  government  of  Iturbide  as  Emperor  of  Mexico, 
the  national  colonization  law  of  1823  was  passed.  The  law 
was  explicit  and  liberal  in  all  matters  of  colonization ;  but  as 
it  was  suspended  soon  afterwards,  it  does  not  merit  attention 
here.  The  following  law  was  recognized  in  California  down 
to  the  time  of  the  occupation  of  the  United  States.    A  general 


^  Schmidt,  Law  of  Spain  and  Mexico.     Title  II,  Art.  273. 
"^Ibid,  Arts.  274,  275. 


The  Land  Question.  313 

colonization  law  of  the  Mexican  congress,  dated  August  18, 
1824,  opened  up  the  Mexican  possessions  to  foreign  settlers. 
It  guaranteed  protection  to  the  rights,  property,  and  persons 
of  foreigners  who  came  into  the  territory  of  Mexico  to  settle. 
Public  lands  not  belonging  to  towns  might  be  occupied  by 
new  settlers  according  to  contract  or  as  should  afterwards  be 
provided  by  special  regulations.  As  an  inducement  to  settlers, 
no  tax  could  be  imposed  for  the  space  of  four  years  on  for- 
eigners who  entered  the  nation  for  the  first  time  for  the  pur- 
pose of  settling.  The  law  guaranteed  all  contracts  with 
empresarios,  or  contractors,  for  the  establishment  of  the  colo- 
nies. It  was  also  provided  that  no  one  who  acquired  property 
by  virtue  of  this  act  could  retain  it,  if  he  resided  out  of  the  terri- 
tory of  the  Republic.^  No  person  could  obtain  the  ownership  of 
more  than  one  league  square,  or  five  thousand  varas  square,  of 
irrigable  land,  four  square  leagues  of  land  dependent  upon  the 
seasons,  and  six  for  the  purpose  of  rearing  cattle.  That  is, 
the  maximum  amount  of  land  that  one  person  was  permitted 
to  own  was  not  far  from  seventy-five  square  miles. 

In  1828,  general  rules  were  made  for  explaining  and  en- 
forcing the  national  colonization  law  of  1824.  By  these  reg- 
ulations, the  governors  of  the  territories  were  empowered  to 
grant  vacant  lauds  in  their  respective  territories  to  individuals, 
families,  and  contractors.  Applications  for  land  were  to  be 
drawn  up  in  due  form  and  addressed  to  the  governor,  giving 
information  concerning  the  number  and  character  of  the  per- 
sons petitioning.  If  the  petition  and  information  accorded  with 
the  law  of  1824,  the  governor  might  make  the  grant,  provided 
that  the  grants  to  families  should  receive  the  sanction  of  the  ter- 
ritorial  deputation,  and  the  contracts  with  the  expresarios  should 
receive  the  consent  of  the  supreme  government.  The  mini- 
mum amount  of  land  given  to  one  person  for  colonization,  if 
irrigable,  was  two  hundred  varas  square  ;  the  minimum  of  land 
dependent  upon  the  seasons  (de  temporal)  was  eight  hundred 

>  Kockwell,  451 ;  Schmidt,  341. 


314  Spanish  Institutions  of  the  Southwest. 

varas  square;. and  the  minimum  for  pasturage  was  twelve 
hundred  varas  square.^  This  applied  to  the  colonist,  and  was 
not  intended  to  abrogate  the  law  of  1 824,  which  permitted  the 
special  grant  of  larger  amounts  to  a  single  person.  The  col- 
onists were  obliged  to  prove  after  a  certain  length  of  time  that 
they  had  lived  on  the  lands  and  cultivated  them  according  to 
contract,  before  they  could  obtain  a  title  to  the  lauds.  AVlien 
there  was  a  union  of  families  into  a  town,  it  was  governed 
according  to  the  municipal  regulations  of  the  country,  and  was 
subject  to  the  interior  government  and  policy. 

A  law  of  1828,  "in  relation  to  passports  and  the  mode  of 
acquiring  property  by  foreigners,"  was  very  important  to  those 
desiring  to  enter  and  pass  through  Mexican  territory  or  to 
settle  wnthin  its  borders.  It  was  declared  that  "naturalized 
foreigners  may  purchase  and  colonize  individual  property; 
but  in  such  a  case  they  must  obtain  special  permission  of  the 
General  Congress  if  the  laud  lies  in  the  territories,  and  of  the 
State  Legislatures,  if  the  land  lie  within  a  state."  ^  Should 
the  State  Legislatures  grant  permission  to  colonize  under  this 
act,  the  contract  was  subject  to  the  following  stipulations: 
"That  one-fourth  of  the  colonists  must  be  Mexicans;  that 
within  seven  years  the  land  shall  be  divided  into  small  lots  of 
such  dimensions  as  the  Legislature  requires ;  that  a  non-natur- 
alized Empresario  cannot  reserve  for  himself  a  tract  of  land 
exceeding  sixteen  square  leagues,  which  must  be  sold  within 
twenty  years,  counting  from  the  period  of  the  acquisition  of 
the  property." 

The  general  rules  for  naturalization  were  a  peculiar  com- 
mingling of  liberal  and  narrow  provisions.  The  person 
desiring  to  be  naturalized  must  declare  his  intentions  of 
establishing  himself  in  the  country  and  present  a  petition  with 
such  declaration  to  the  ayuntamiento  one  year  prior  to  the  date 


^  This  would  give  to  each  colonist  an  aggregate  of  four  hundred  and 
ninety  acres. 
"  Article  9 ;  Schmidt,  349. 


The  Land  Question.  315 

of  naturalization.  He  must  prove  that  he  is  a  member  of  the 
"Roman  Apostolic  and  Catholic  Church"  and  "that  he  has 
some  trade,  profession,  or  income,  sufficient  for  his  maintain- 
ance."  These  propositions  must  be  proved  by  witnesses 
before  the  district  or  circuit  judge  nearest  his  place  of  resi- 
dence. This  having  been  done  in  accordance  with  the  law, 
the  candidate  for  naturalization  takes  an  oath  of  allegiance 
and  renounces  allegiance  and  obedience  to  all  foreign  nations, 
and  all  titles  and  favors  granted  by  them.  An  empresario 
who  effects  a  contract  with  the  government  for  the  settlement 
of  a  colony,  becomes  naturalized  by  taking  an  oath  to  support 
the  constitution.  Colonists  are  considered  naturalized  after  a 
residence  of  one  year  from  the  date  of  their  settlement.  Thus 
bona  fide  settlers  were  favored  by  lenient  naturalization  laws. 
The  growth  of  the  United  States,  and  the  gradual  influx  of 
immigrants  from  that  country  into  the  Mexican  territory, 
caused  the  government  of  the  latter  country  to  enact  a  law 
restricting  the  former  liberal  inducements  to  foreigners. 
Article  eleven  of  a  decree  issued  by  the  Vice-President  of 
the  Mexican  Republic,  April  6,  1830,  contains  the  following 
prohibitory  measure  :  "  In  the  exercise  of  the  rights  reserved 
to  the  general  congress  by  the  7th  article  of  the  law  of  the  1 8th 
of  August,  1824,  the  citizens  of  foreign  countries  lying  adja- 
cent to  the  Mexican  territory  are  prohibited  from  settling 
as  colonists  in  the  states  or  territories  of  the  republic  adjoin- 
ing such  countries.  Those  contracts  of  colonization,  the  terms 
of  which  are  opposed  to  the  present  article,  and  which  are  not 
yet  complied  with,  shall  consequently  be  suspended."  Three 
years  after  the  passage  of  this  article,  it  was  "repealed  in  all 
its  parts."  After  the  declaration  of  independence  was  pro- 
claimed by  Texas,  the  law  as  quoted  above  was  reinstated  by 
a  decree  dated  April  4,  1837.  In  this  is  observed  the 
revival  of  the  old  exclusive  policy  of  Spain  in  the  attempt  to 
keep  foreigners  from  entering  the  territory.  It  was  suicidal 
to  the  interests  of  ^Mexico. 


316  Spanish  Institutions  oj  the  Southwest. 

The  decree  of  1830  contained  several  remarkable  provisions, 
among  which  was  that  the  government  should  cause  the  con- 
victs destined  for  Vera  Cruz  and  other  places,  to  be  removed 
to  the  colonies.  They  were  at  first  to  work  out  their  term  of 
sentence  on  roads,  fortifications,  and  public  buildings.  At  the 
expiration  of  their  term  of  sentence,  they  were  to  receive  grants 
of  land,  if  they  desired  to  become  colonists.  This  is  an  illus- 
tration of  the  method  of  disposal  of  convicts  during  the 
Spanish  and  the  Mexican  dominations.  Another  important  act 
established  a  commission  to  inspect  and  control  Mexican  and 
foreign  colonization  within  the  territories.  The  commission 
had  power  to  purchase  of  the  territorial  legislatures  lands  suit- 
able for  colonization,  to  enter  into  arrangements  for  the  security 
of  the  republic,  to  enquire  into  the  validity  of  the  land  con- 
tracts and  aifairs  of  similar  nature.  It  was  further  pro- 
vided in  the  decree  that,  "  Mexican  families  who  may 
voluntarily  desire  to  become  colonists "  should  be  conveyed 
free  of  expense,  supported  during  the  first  year,  and  given  a 
grant  of  land  and  the  necessary  implements  to  till  the  soil. 
The  decree  prohibited  the  further  importation  of  slaves,  while 
it  declared  that  no  change  would  be  made  in  respect  to  the 
colonies  which  already  had  slaves.  The  government  was 
authorized  to  spend  five  hundred  thousand  dollars  in  aiding 
colonists  in  public  improvements,  in  premiums  to  agriculturists 
in  the  colonies,  and  to  encourage  cotton  manufactories  by  pur- 
chasing looms  and  machines  and  granting  subsidies.  The 
money  was  to  be  raised  by  a  loan.  Mexico  realized  the  com- 
mercial and  industrial  supremacy  of  the  United  States  even 
as  she  feared  her  political  supremacy.  Nearly  every  political 
law  or  decree  issued  by  the  government  from  this  time  had 
reference  to  the  security  of  the  colonies  in  the  territories  and 
states.  The  government  seemed  to  feel  that  the  only  way 
to  secure  its  great  possessions  was  to  fill  the  territory  with 
people  of  Mexican  blood. 

A  law,  dated  April  4,  1837,  was  enacted  by  the  Mexican 
congress,  which  provided  "  for  rendering  effective  the  colo- 


The  Land  Question.  317 

nization  of  the  lands  which  are  or  should  be  the  property  of 
the  Republic."  The  lands  were  to  be  disposed  of  by  sale,  em- 
phyteusis, or  mortgage,  and  the  amount  thus  derived  was  to 
be  applied  to  the  payment  of  the  public  debt.  The  best  lands 
should  be  held  at  not  over  ten  reals  per  acre,  and  sufficient 
land  should  be  reserved  for  the  payment  of  obligations  to  old 
soldiers,  Indians,  and  those  who  aided  in  the  restoration  of 
Texas. 

Immediately  following  this,  a  decree  of  the  supreme  gov- 
ernment provided  for  the  consolidation  of  the  national  debt. 
Stock  certificates,  bearing  five  per  cent,  interest,  were  to  be 
issued  for  the  whole  amount.  All  outstanding  debts  were  to 
be  paid ;  one-half  in  the  bonds  in  the  consolidated  stock,  and 
one-half  in  the  public  land  scrip  in  the  departments  of  Texas, 
Chihuahua,  New  Mexico,  Sonora,  and  the  Californias,  at  the 
rate  of  four  acres  to  one  pound  sterling.  The  land  scrip  was 
negotiable  paper  bearing  five  per  cent,  interest.  It  could  pass 
from  person  to  person  by  endorsements.  No  scrip  was  to  be 
issued  for  less  than  four  hundred  acres  nor  for  more  than  ten 
thousand.  The  government  reserved  land  to  the  amount  of 
one  hundred  million  acres,  as  a  guarantee  of  the  payment  of 
the  scrip.  All  foreigners  who  purchased  scrip  and  came  to 
the  Republic  to  establish  themselves  in  the  new  estates, 
acquired  the  title  of  colonists  and  were  entitled  to  all  of  the 
privileges  of  naturalized  citizens.  It  was  provided,  in  ac- 
cordance w^ith  a  previous  law,  that  one  person  could  not  hold 
over  one  square  league  of  irrigable  land,  four  of  land  dependent 
upon  the  seasons,  and  six  for  grazing  purposes.  The  law  was 
published  the  following  mouth,  May  17,  1837. 

After  ]Mexico  had  lost  Texas,  and  just  as  she  was  about  to 
lose  her  control  of  New  Mexico  and  the  Californias,  the  gov- 
ernment became  fully  aroused  to  the  fact  that  one  of  the  most 
urgent  and  necessary  measures  for  the  security  of  the  Republic 
was  to  "  promote  foreign  immigration,  in  order  to  people  our 
immense  lands,  which  are  at  this  time  the  object  of  foreign 
cupidity."     So  said  his  excellency,  Mariano  de  Salas,  on  No- 


318  Spanish  Institutions  of  the  Southwest. 

vember  27,  1846,  aud  he  immediately  proceeded  to  resus- 
citate the  board  of  colonization  and  give  it  new  powers.  In 
the  following  month,  December  8,  he  issued  regulations  to 
the  number  of  fifty-six  for  the  specific  action  of  the  board  of 
colonization.  The  regulations  included  methods  of  surveying 
lands,  contracts,  sales,  prices  of  lands,  inducements  to  colonists, 
and  indeed  a  complete  category  of  all  laws  and  regulations 
concerning  colonization.  In  conformity  wnth  previous  decrees, 
the  new  colonists  were  to  be  exempt  from  active  military  ser- 
vice for  twenty  years,  except  in  case  of  foreign  aggression. 
They  were  to  be  exempt  from  all  taxes  except  municipal,  for 
the  same  term,  and  exempt  from  all  duties  on  articles  of  sub- 
sistence for  a  term  of  ten  years.  Agricultural  implements  and 
supplies  were  free  from  duty,  and  the  vessels  that  carried  full 
cargoes  of  goods  for  colonists  were  free  from  tonnage.  But 
the  elaborate  law  never  went  into  effect  in  the  northern 
provinces,  for  they  soon  passed  under  the  control  of  another 
government. 

The  special  laws  of  the  free  state  of  Coahuila  and  Texas 
were  very  favorable  to  colonization.  They  have  been  dis- 
cussed under  the  subject  of  Texas,  in  chapter  ten,  and  will  be 
only  casually  alluded  to  here.  The  liberal  laws  of  coloniza- 
tion invited  in  foreigners,  and  soon  a  majority  of  the  settlers 
were  not  in  sympathy  with  the  Mexican  government.  On 
the  first  occasion,  the  state  of  Texas  revolted,  declared  her  in- 
dependence, became  an  independent  state,  and  finally  a  member 
of  the  United  States.  The  colonies  were  formed  mostly  by 
contract.  The  colony  of  Mr.  Austin  was  the  most  important 
one,  containing  more  inhabitants  at  the  time  of  the  declaration 
of  independence  than  all  of  Texas  besides.  By  1832,  much 
of  the  area  of  Texas  had  been  parceled  out  into  separate  grants 
to  empresarios  for  founding  colonies.  The  country  was  organ- 
ized into  four  jurisdictions  or  subordinate  departments,  each 
comprising  a  number  of  grants.  These  were  the  department  of 
Nacogdoches  comprising  five  grants,  the  department  of  Brazos 
comprising  three  grants,  the  first  and  second  Austin  grants 


The  Land  Question.  319 

and  the  Austin  and  Williams  grant,  the  department  of  Bexar 
comprising  three  grants,  and  the  department  of  the  Northwest 
comprising  at  least  three  grants.  Under  the  policy  of  coloni- 
zation by  agents,  the  population  continued  to  increase  until  in 
1835  there  were  twenty  thousand  Anglo-Americans  in  Texas, 
and  only  about  three  thousand  Mexicans.  Of  the  former  over 
thirteen  thousand  were  in  General  Austin's  colony,  while  the 
majority  of  the  latter  lived  near  Bexar  or  San  Antonio.' 

Not  all  of  the  lands  of  New  Spain  were  disposed  of  by  the 
process  of  colonization.  As  the  monarch  was  proprietor  of  all 
conquered  territory,  he  might  dispose  of  it  as  he  chose.  The 
lan(ls  of  the  colonial  possessions  of  the  New  World  were  dis- 
posed of  in  several  ways.  First,  certain  lands  were  conceded 
to  the  support  of  pueblos  and  for  the  citizens  of  the  same ; 
second,  some  were  granted  by  the  king  to  his  vassals  who  had 
been  instrumental  in  conquest ;  third,  there  were  lands  that 
were  sold  to  individuals  for  the  purpose  of  swelling  the  royal 
treasury  ;  and,  finally,  certain  lands  were  retained  under  the 
title  of  "common  lands,"  "vacant  lands,"  and  "royal  lands." 
The  use  of  the  last  mentioned  class  of  lands  was  granted  by 
the  kino;  to  his  vassals  under  the  declaration  of  laws  and 
decrees  issued  from  time  to  time  relating  to  the  grants.  These 
lands  were  granted  for  occupation  and  use,  and  usually  for  a 
specified  time.  The  amounts  varied  according  to  the  needs  of 
the  individuals.  These  grants,  for  the  first  two  hundred  years 
of  Spanish  occupation,  had  to  secure  the  approval  of  the  king 
before  they  became  valid.  But  during  the  period  between  1754 
and  1786,  the  royal  audiencias  granted  the  lands  to  settlers 
and  occupants.  From  the  latter  date  until  the  I^Iexican  rev- 
olution, the  governors  of  the  provinces  granted  the  lands, 
subject  to  the  sanction  of  the  supreme  council  of  estates  at 
Mexico. 

Owing    to   the   routine   of  administration,   the   confusion 
made  by  its  frequent  changes,  and  the  failure  of  the  officials 


'  Monette,  History  of  the  Valley  of  the  Mississippi,  II,  573. 


320  Spanish  Institutio7is  of  the  Southwest. 

to  proceed  legally,  the  laud  titles  of  Mexico  and  adjacent 
provinces  have  been  in  an  atmosphere  of  doubt.  Lands  were 
granted  by  persons  without  supreme  authority,  and  the 
grantees  thought  they  had  a  clear  title  to  the  land.  Others 
were  content  to  occupy  the  lands  tentatively,  without  taking 
the  trouble  to  secure  a  sure  title ;  and  the  delay  caused  them 
great  trouble.  After  the  revolution,  affairs  under  Mexican 
supremacy  went  on  almost  in  the  same  way  as  under  Spanish 
rule.  The  disposal  of  the  royal  lands  then  belonged  to  the 
authority  of  the  Mexican  government,  where  formerly  it 
belonged  to  the  crown.  The  Mexican  colonization  law  of 
1824,  as  defined  by  the  regulations  of  1828,  permitted  the 
governor  of  provinces  to  grant  lauds  to  colonists,  families,  and 
empresarios,  but  the  grants,  the  presarios,  for  colonies  or  pueblos 
were  not  valid  until  approved  by  the  supreme  government. 
The  grants  to  families  were  not  valid  uutil  sanctioned  by  the 
territorial  deputation.  However,  if  the  latter  failed  to  accede 
to  the  grant,  the  governor  might  appeal  to  the  supreme  gov- 
ernment. 

The  grants  to  individuals  outside  of  colonies  were  very  few 
in  the  province  of  California  under  Spanish  rule.  As  early 
as  1775,  a  grant  of  land  was  made  to  Manuel  Buitron.  In 
1784,  Governor  Fages  allowed  several  men  to  occupy  certain 
lands;  and,  in  1786,  he  was  authorized  to  grant  tracts  not 
exceeding  three  leagues  in  extent.  The  grant  was  not  to 
encroach  upon  any  pueblo  or  mission.^  During  the  entire 
Spanish  period,  the  only  ranchos  granted  as  real  property  to 
holders,  "  were  those  of  the  Nietos,  Yerdugos,  Dominguez, 
the  Maligo  of  Bartolo  Tapia,  and  probably  also  la  Balloua  of 
the  Zuiiingas."  ^  At  least  five  were  in  private  possession  in 
1795.  Governor  Fages  granted  the  Nietos  tract,  embracing 
all  of  the  land  between  the  Santa  Ana  and  San  Gabriel  rivers, 
and  extending  from  the  sea  to  the  hill  land  on  the  northern 


Bancroft,  California  Pastoral,  257. 
'  Bancroft,  California  Pastoral,  539. 


The  Juand  Question.  321 

frontier,  to  Manuel  Nieto.^  In  October  of  the  same  year,  the 
San  Rafael  tract,  lying  on  the  left  bank  of  the  Los  Angeles 
river  and  extending  to  the  Arroyo  Seca,  was  granted  by  Pedro 
Fages  to  Jose  Maria  Verdugo.  It  is  also  known  as  the  La 
Zanja.  The  Santa  Ana  tract,  lying  along  the  east  side  of  the 
Santa  Ana  river,  was  granted  to  Antonio  Yorba  in  1810. 
The  famous  San  Pedro  rancho  was  granted  to  Juan  Jose  Dom- 
inguez  during  the  last  century,  and  confirmed  by  Sola  in  1822. 
The  Encino  rancho  was  granted  to  Francisco  Reyes,  where  he 
kept  his  stock  and  the  stock  of  Cornelia  Avila  and  others. 
Between  1795  and  1800,  there  were  granted  the  San  Jos^  de 
Gracia  de  Simi  to  Javier,  Patricio,  and  Pico ;  and  El  Fugio 
to  Captain  Ortega  or  his  sons,  a  year  or  two  later.  All  of 
these  described  were  of  the  southern  district  and  near  Los 
Angeles.  The  great  majority  of  the  ranchos  and  haciendas 
were  granted  under  Mexican  rule. 

Some  of  the  ranchos  were  like  the  old  feudal  estates.  The 
ranchero  lived  like  a  lord.  He  had  his  retainers  and  servants, 
his  flocks  and  herds,  as  well  as  great  landed  estates.  The  land 
owned  was  great  in  extent,  and  it  was  not  uncommon  for  a  ran- 
chero to  have  several  thousand  horses,  ten  to  fifteen  thousand 
cattle,  and  from  fifteen  to  twenty  thousand  sheep.  The  great 
Vallejo  rancho  of  Sonomo  contained  thirty-three  leagues,  or 
about  146,000  acres.  There  was,  of  stock  on  the  farm,  12,000 
to  15,000  head  of  cattle ;  8,000  head  of  horses;  and  2,000  to 
3,000  sheep.  There  were  three  hundred  men  at  work  on  the 
rancho,  besides  women  and  children.  The  land  of  these  vast 
estates  was  frequently  re-granted  to  others.  Sometimes  papers 
were  made  out  and  a  survey  was  effected ;  but  it  as  fre- 
quently happened  that  the  gift  was  made  as  simply  as  a  man 
would  make  a  present  of  a  horse  or  a  cow,  without  legal 
formality.  Frequently  there  was  an  understanding  with  los 
Americanos  to  occupy  the  laud  for  a  short  time ;  but  they  sub- 
sequently laid  claim  to  it. 

^  Bancroft,  California,  I,  662. 

21 


322  Spanish  Institutions  of  the  Southwest. 

Iq  1851,  the  31st  congress  of  the  United  States  passed  an 
act,  "  To  ascertain  and  settle  the  private  land  claims  in  the 
state  of  California."  This  act  provided  for  a  commission  of 
three  jjersons,  appointed  for  the  purpose  of  hearing  testimony 
and  settling  all  claims  to  lands  granted  prior  to  the  accession 
of  California  to  the  United  States.  This  commission  was  em- 
powered to  investigate  all  claims  of  grants  by  the  Mexican 
and  Spanish  authorities.  They  were  empowered  to  sit  at 
different  places  and  listen  to  claims,  hear  testimony,  and  give 
decisions.  The  district  attorney  was  empowered  to  appeal 
from  the  decisions  to  the  Supreme  Court.  In  Santa  Clara 
county  alone,  the  commission  settled  more  than  fifty  claims. 
These  claims  ranged  from  a  few  acres  to  six  square  leagues.^ 
Among  the  grants  are  some  of  the  most  noted  in  California ; 
such  as  Las  Animas,  Laguna,  Las  Llagas,  Las  Uvas,  and 
others.  The  private  grants  during  the  latter  part  of  Mexican 
rule  were  very  frequent.  In  the  northern  district  of  California, 
including  San  Francisco,  San  Jos6,  and  Santa  Cruz,  there  were 
not  less  than  eighty  grants  made  under  Spanish  and  Mexican 
authority  prior  to  1840.^  A  large  number  of  these  ranchos 
were  registered  by  the  United  States  Land  Commissioner. 

The  occupation  of  California  as  a  colonization  scheme  has 
been  described  elsewhere  in  this  volume.  The  private  grants 
occurring  after  1786  give  an  entirely  different  phase  of  the 
land  question.  Mr.  Bancroft,  acknowledging  that  the  governor ' 
had  power  to  grant  lands  after  1786,  holds  that  no  bona  fide 
titles  were  confirmed  prior  to  1800.  The  fifteen  or  twenty 
ranchos  said  to  be  granted  within  this  period  were  held  pro- 
visionally by  their  occupants..  This  may  be  true,  but  it  was 
owing  to  some  informality  of  the  law ;  for  the  grantors  gave 
and  the  grantees  accepted  the  grant  in  good  faith,  and  never 
considered  it  otherwise  than  genuine,  unless  so  specified.  The 
carelessness  in  making  records  and  in  the  final  execution  of  the 
law,  rendered   the   grants   technically,  and  perhaps  legally, 

1  Hall,  San  Jose,  484.  » Bancroft,  California,  III,  711. 


The  Land  Question.  323 

defective.  The  greater  number  of  grants  was  made  during 
Mexican  rule,  particularly  between  1 833  and  1 846.'  At  the  lat- 
ter date,  the  total  numljer  of  grants  was  nearly  eiglit  liundred, 
the  most  of  which  varied  from  one  league  to  five  leagues  in  ex- 
tent. As  each  league  contained  something  over  4428  acres,  it 
is  easily  seen  to  what  an  extent  the  fertile  valleys  of  the  coast  of 
California  were  occupied.  The  ease  with  which  some  of  these 
grants  were  obtained  shows  with  what  lavish  hands  the  Mex- 
ican authorities  disposed  of  the  public  domain.  Any  citizen 
might  petition  the  governor  for  a  grant  of  land.  His  petition 
had  to  be  accompanied  with  at  least  a  rude  sketch  of  the  pro- 
posed grant.  The  only  limit  placed  upon  the  amount  was  deter- 
mined by  the  law  of  1824,  which  divided  lands  into  three  classes. 
As  has  been  stated  in  a  preceding  chapter,  of  the  first  or  irri- 
gable land,  the  grant  could  not  exceed  one  square  league ;  of  the 
second  or  non-irrigable  arable  land,  four  square  leagues;  and  of 
the  third  or  pasture  land,  six  square  leagues.  Thus  no  person 
could  receive  more  than  eleven  square  leagues  (about  48,709 
acres)  of  land.  The  governor  frequently  referred  the  peti- 
tion of  the  person  desiring  a  grant  to  the  local  alcalde,  with 
instructions  to  investigate  the  case  and  report  in  favor  of 
the  grant  or  against  it.  If  the  alcalde  returned  a  favor- 
able report  and  the  governor  was  satisfied  as  to  the  char- 
acter and  needs  of  the  applicant,  he  endorsed  the  application 
and  turned  it  over  to  the  secretary  of  state,  who  wrote  a  formal 
grant  of  the  land.  This  the  governor  signed  and  reierred  to 
the  departmental  assembly  for  approval.  If  the  assembly  dis- 
approved, the  governor  then  forwarded  the  case  to  the  author- 
ities at  Mexico.  As  soon  as  the  grant  was  approved,  the  alcalde 
placed  the  grantee  in  actual  and  legal  possession  of  the  soil. 
This  last  act  was  accompanied  by  a  rude  survey,  and  a  loca- 
tion of  boundaries  with  rude  monuments.  The  grant  usually 
included  an  obligation  on  the  part  of  the  grantee  to  erect 
buildings,  and  to  stock  the  farm  within  a  year  after  occupation. 

^  Bancroft,  California,  IV,  530. 


324  Spanish  Institutions  of  the  Southwest. 

As  laud  was  plentiful,  there  was  great  carelessness  in  regard  to 
specifications  of  boundary,  and  the  surveys  were  very  general 
in  their  nature.  In  the  early  period  this  lack  of  exactness 
was  not  felt;  but  as  grants  multiplied  and  contentions  arose  as 
to  lands,  endless  confusion  followed  on  the  track  of  former 
slackness. 

By  the  treaty  of  1848  between  Mexico  and  the  United 
States,  all  private  rights  and  titles  were  secured  to  individuals, 
and  this  rendered  a  valid  title  under  the  Mexican  government 
just  as  valid  under  United  States  law.  When  the  latter  gov- 
ernment obtained  control  of  California,  nearly  all  of  the  good 
lauds  along  the  water  courses  had  been  taken  up  by  the  Mex- 
ican grants.  Some  of  these  lands  were  merely  occupied,  others 
were  held  by  complete  titles,  and  others  still  were  of  doubtful 
ownership.  As  immigrants  poured  in  from  other  nations,  par- 
ticularly the  United  States,  there  was  precipitated  immediately 
strife  for  the  land,  which  led  to  increased  confusion.  Matters 
continued  to  grow  worse  until  1851;  when  Congress,  after 
much  delay  and  discussion,  created  a  land  commission  to  adjust 
the  difficulties.  The  commission  was  furnished  with  a  secre- 
tary well  versed  in  the  Spanish  language,  and  was  authorized 
to  hear  cases  and  make  investigations,  to  administer  oaths, 
and  to  take  testimony  in  the  proof  of  titles.  Each  person 
holding  a  title  under  the  Mexican  or  Spanish  laws  was  obliged 
to  file  his  claim  within  two  years,  with  such  evidence  as  he 
was  able  to  summon.  jNIany  of  the  titles  apparently  valid 
were  subject  to  long  and  tedious  litigation,  chiefly  because  of 
contentious  parties  who  had  laid  claim  to  them.  Others  were 
settled  with  little  difficulty,  while  some  have  not  been  settled 
at  all.  The  dearth  of  reliable  witnesses,  the  incompleteness 
of  records,  imperfect  surveys,  and  contentious  lawyers  work- 
ing in  somebody's  interest,  all  combined  to  render  the  proper 
adjustment  of  affairs  very  difficult. 

The  law  of  1851  declared  that  all  towns  in  existence  on 
July  7,  1846,  should  be  considered  as  entitled  to  their  pueblo 
lands,  according  to  the  ancient  law  which  guaranteed  four 


The  Land  Question,  325 

square  leagues  of  laud  to  each  pueblo.  Therefore  all  claims 
had  to  be  presented  to  the  commissioners  in  the  name  of  the 
town,  and  not  in  the  name  of  the  owners  of  the  lots  situated 
within  the  town.  San  Jose  received  by  direct  grant  in  the 
courts  a  tract  much  larger  than  four  square  leagues ;  but  the 
various  exceptions  of  private  grants  within  the  pueblo  made 
the  real  amount  much  less  than  the  stipulations  of  the  grant 
would  seem  to  indicate.  The  claims  of  San  Francisco  were 
confirmed  in  1854,  but  there  has  been  much  subsequent  legis- 
lation. The  claim  of  San  Diego  was  acknowledged  in  1870, 
and  the  claims  of  Monterey  and  Santa  Barbara  in  1856  and 
1861  respectively. 

The  land  titles  within  a  pueblo  were  to  be  referred  to  the 
pueblo  authorities  for  settlement.  The  pueblos  never  received 
any  direct  official  title  to  their  lands;  they  held  them  under  a 
law  which  secured  to  them  the  several  classes  of  lands  belong- 
ing to  all  pueblos.  The  founding  of  a  pueblo  according  to 
this  law,  and  the  placement  of  individuals  in  possession,  was  a 
guaranteed  title  to  the  land.  The  residents  of  the  pueblo 
received  their  lands  through  the  pueblo  as  an  intermediary 
between  them  and  the  general  government.  Therefore,  in  the 
settlement  of  titles  on  pueblo  lands,  the  owner  looked  to  the 
pueblo  for  a  title,  and  thus  answered  the  demands  of  the  com- 
mission. 

In  regard  to  the  mission  lauds,  there  were,  with  two  excep- 
tions, no  legal  titles  given.^  The  priests  had  no  titles  to  the 
lands,  and  the  neophytes  owned  no  property,  except  where  a 
few  had  settled  in  severalty  on  the  land  and  had  received  a 
title  from  the  government.  The  church  could  not  claim  a 
foot  of  soil  under  the  general  fact  of  occupation  of  the  mission 
lands.  The  lands  had  been  reserved  to  the  missions  simply 
for  convenience  and  use,  but  no  legal  enactment  granted  the 
lands.    The  personal  property  and  the  improvements  attending 


1  Santa  In^s  College  Kanch  and  La  Laguna  in  San  Louis  Obispo  were 
secured  to  the  church  by  formal  grants.     Bancroft,  Cal.,  IV,  565. 


326  Spanish  Institutions  of  the  Southwest. 

the  establishment  of  missions  doubtless  belonged  to  the  church, 
or  the  religious  orders  as  agents  of  the  church.  But  in  the 
final  settlement  the  government  gave  to  the  church  the  missions 
and  the  lands  immediately  adjacent,  declaring  the  so-called  mis- 
sion lands,  upon  which  the  mission  herds  were  wont  to  roam, 
public  domain.  This  merely  followed  the  Mexican  and  Span- 
ish law,  and  was  no  injustice  to  anybody  except  to  the  credu- 
lous neophytes,  who  had  been  allowed  to  live  so  many  years 
under  the  fiction  that  they  had  a  right  to  the  lands  upon 
which  they  dwelt. 

New  Mexico  had  long  been  settled  by  the  Spaniards  when 
it  passed  under  the  control  of  the  United  States.     Three  cen- 
turies of  occupation  had  enabled  the  colonists  and  officials  to 
secure  for  themselves  the  most  fertile  portions  of  the  lands  of 
the  valleys,  lying  along  the  streams.     Besides  the  grants  to 
pueblos  and  towns,  many  private  ranchos  were  granted  to  those 
in  favor  with  the  authorities.     In  the  Spanish  and  Mexican 
grants  there  was  great  carelessness  in  regard  to  titles  and  sur- 
veys.   The  subdividing  and  re-granting  of  ranchos  had  added 
to  the  confusion,  and  the  public  archives  were  very  imperfect  in 
their  information.     In  July,  1854,  Congress  provided  for  the 
appointment  of  a  surveyor-general  to  survey  the  lands  of  New 
Mexico.     The  work  proceeded  very  slowly.    There  was  great 
confusion  of  titles  and  claims  to  lands  owing  to  the  early 
grants.     The  Surveyor-general  was  authorized  to  investigate 
private  and  town  land  claims  and  report  them  to  Congress  for 
approval,^     He  searched  the  records  and  asked  claimants  to 
present  titles.     After  investigating  about  two  thousand  docu- 
ments, he  discovered  about  two  hundred  titles.     There  were 
many  claims  filed,  some  of  which  were  examined  and  approved 
by  the  Surveyor-general.     By  1863,  over  sixty  claims  had 
been  filed  and  at  least  thirty  examined,  most  of  which  were 
approved.     But  Congress  would  have  shown  greater  wisdom 
had  it  appointed  a  land  commission,  as  in  the  case  of  Cali- 

^  Bancroft,  Arizona  and  Mexico,  648. 


The  Land  Question.  327 

foriiia,  and  examiued  claims,  taken  evidence,  and  confirmed  or 
rejected  titles.  As  it  was,  the  land  question  was  allowed  to 
drift  on  through  contention  and  almost  endless  litigation. 
The  whole  number  of  land  claims  filed  in  the  Surveyor-gen- 
eral's office  down  to  1886  was  two  hundred  and  five.  These 
were  exclusive  of  the  pueblo  Indian  claims  which  were  approved 
at  an  earlier  date.^  Of  the  claims  referred  to,  thirteen  were 
rejected  and  one  hundred  and  forty-one  approved.  Of  those 
approved,  Congress  had  confirmed  forty-six  leaving  ninety- 
five  still  in  controversy.  The  earliest  of  these  grants  was 
given  in  1700,  several  followed  in  the  eighteenth  century,  but 
the  majority  were  either  made  or  re-granted  under  Mexican 
rule. 

The  settlement  of  the  Mexican  land  titles  was  an  extremely 
intricate  question.  Complications  arose  on  every  hand.  The 
settlement  of  town  lands,  mission  property,  and  public  and 
private  grants  included  many  grievous  questions  of  titles,  of 
surveys,  and  of  false  claims.  The  whole  subject  was  one  of 
dire  confusion  both  to  commissioners  and  to  settlers.  Under 
such  circumstances  it  would  be  almost  impossible  entirely  to 
avoid  injustice  to  some  one.  And,  although  forty  years  have 
passed  since  the  formation  of  the  land  commission,  many 
questions  are  still  unsettled.  "In  1880,"  says  Bancroft, 
"  twenty-nine  years  after  the  land  act  had  become  a  law,  there 
were  four  claims  still  pending  in  the  courts  on  a  question  of 
title  ;  in  case  of  ten  others  no  survey  had  been  made  ;  48  sur- 
veys had  not  been  fully  settled ;  27  were  in  the  hands  of  the 
general  land  office,  presumably  pending  ready  for  patent ;  and 
527  had  been  patented  in  1856-80."  *  Thus  does  justice  drag 
its  slow  length  along  in  this  age  of  steam  and  electricity.  The 
original  holders  of  lands  have  lost  most  of  their  holdings  either 
through  the  mis-judgments  of  the  courts  and  commissions, 
or  else  by  the  wily  intrigues  of  the  Anglo-Americans,  espe- 


1  Bancroft,  Arizona  and  New  Mexico,  757.     See  a  carefully  compiled  table 
of  New  Mexican  grants  on  page  758,  of  Arizona  and  Xew  Mexico. 


328  Spanish  Institutions  of  the  Southwest. 

cially  the  latter.     The  Mexican  has  been  no  match  for  «the 
invader  in  business  thrift  and  property  cunning. 

The  laws  of  colonization  in  ]\Iexico  have  always  been  of  a 
very  liberal  character.     The  laws  now  in  vogue,  enacted  in 
1876,  offer  excellent  inducements  to  settlers.     The  colonists 
are  assisted  to  enter  the  state ;  their  transportation  is  advanced 
to  them,  and  they  are  furnished  subsistence  for  one  year  after 
settlement.     All  colonists  are  freed  from  the  payment  of  poll 
and  capitation  taxes,  and  other  contributions,  for  a  term  of  ten 
years  after  settlement.     The  colonists  are,  for  the  same  length 
of  time,  free  from  national  guard  service,  road  taxes,  and  all 
local  taxation,  from  real  and  personal  property  taxes,  as  well 
as  taxes  on  property  invested  in  commercial  enterprises.     All 
products  that  the  colonists  export  are  free  from  taxes,  and  all 
goods  imported  for  their  consumption  are  free  from  duty  for 
the  term  of  ten  years.     Under  these  circumstances,    settlers 
acquire  definite  tracts  of  land  for  use.     There  are  still  public 
lauds  to  be  acquired  in  Mexico  by  the  payment  of  a  small 
sum.     These  public  lands  (terrenos  baldios)  are  divided  into 
three  categories,  according  to  fertility  and  situation,  and  the 
prices  are  fixed  every  two  years  by  the  minister  of  public 
works  for  each  state  and  territory  of  the  Republic.     For  1887 
and  1888,  the  prices  of  the  first  class  in  the  different  states 
ranged  from  one  dollar  and  seventy-five  cents  to  four  dollars 
and  fifty  cents  per  acre ;  those  of  the  second  class  from  one 
dollar  and  ten  cents  to  three  dollars ;  those  of  the  third  class 
from  seventy-five  cents  to  two  dollars.     Lands  may  be  ac- 
quired in  other  ways  ;  either  by  purchase  from  private  owners 
or  by  rent.     Large  tracts  of  land  are  still  owned  by  the  mu- 
nicipalities of  the  Pacific  slope,  and  are  laid  out  in  planta- 
tions and  rented  or  leased  to  responsible  persons. 


CHAPTER  XVI. 
Diplomatic  Relations. 

The  diplomatic  warfare  through  which  Spain  attempted  to 
make  good  her  extravagant  claims  to  the  greater  part  of  Xorth 
America  against  the  encroachments  of  other  nations,  is  not  less 
interesting  than  is  her  struggle  to  secure  territory  by  the 
establishment  of  colonies.  The  whole  history  of  tliis  subject, 
from  the  days  of  Columbus  to  the  treaty  of  Gaudalupe  Hidal- 
go, is  a  graphic  illustration  of  the  principle  of  what  constitutes 
the  title  to  the  laud  of  newly  discovered  countries.  It  clearly 
demonstrates  that  mere  discovery,  with  a  few  occasional  visits 
to  an  unsettled  territory,  does  not  stand  against  the  facts  of 
actual  possession  and  use.  In  the  international  usage  of  the 
past,  the  real  right  of  ownership  has  rested  chiefly  in  the  power 
with  which  a  nation  could  possess  and  hold  lands  either  by 
diplomacy  or  by  the  force  of  arms.  In  all  diplomatic  contro- 
versies respecting  the  ownership  of  land,  the  nation  in  actual 
possession  by  settlement  had  a  vast  advantage  over  one  that 
held  the  title  by  mere  theory  of  discovery  and  conquest.  In- 
ternational law  generally  gave  the  land  in  dispute  to  the 
former,  and  if  backed  by  military  power,  the  possessory  title 
was  always  sure. 

The  unfortunate  attitude  of  Spain  in  respect  to  the  territory 
of  America  arose  chiefly  through  the  pretentious  power  of  the 
Pope,  who  assumed  to  hold  the  universe  as  a  fief  granted  to 
him  through  a  higher  power.  All  lands  not  yet  discovered 
by  European  nations  were  his  to  dispose  of  at  will ;  indeed, 
the  powers  of  Europe  occupied  the  lands  either  by  usurpation 

329 


330  Spanish  Institutions  of  the  Southwest. 

or  by  his  free  consent.  When  Alexander  VI.  granted  to 
Spain  all  of  the  lauds  that  might  be  discovered  by  the  Span- 
iards in  the  New  World,  the  monarch  of  Spain  accepted  the 
grant  and  assumed  that  it  was  a  bona  fide  title  to  the  lauds. 
All  that  was  necessary  to  clear  the  title  was  to  catch  a  glimpse 
of  a  distant  shore,  or  perchance  laud  for  a  few  hours  in  order 
to  replenish  fuel  and  water.  Therefore,  when  Balboa  unfurled 
the  Spanish  flag  on  the  shore  of  the  Pacific  Ocean,  it  gave  the 
Spaniards  a  just  claim  to  all  lands  yet  to  be  discovered  in  its 
waters,  and  gave  them  control  of  all  commerce  and  explora- 
tions therein.  On  the  Atlantic  ocean,  the  Spaniards  claimed 
the  whole  territory  as  far  north  as  Labrador,  which,  according 
to  Spanish  geography,  was  the  northern  boundary  of  Florida. 
But  on  the  other  hand,  Russia,  England,  France,  and  the 
Netherlands  did  not  accept  this  indefinite  title  as  valid. 
England  began  very  early  to  protest  against  this  assumption  of 
ownership,  and  her  attitude  is  well  represented  in  the  reply 
given  to  Spanish  demands  made  on  account  of  the  treasures 
which  Sir  Francis  Drake  had  taken  from  the  Spanish  galleons. 
On  his  return  from  a  voyage  around  the  world,  during  which  he 
had  despoiled  Spanish  shipping,  the  Spanish  nation  demanded 
immediate  reparation.  The  English  government  responded, 
"  That  they  could  not  acknowledge  the  Spanish  right  to  all  of 
the  country,  either  by  donation  from  the  Pope  or  from  their 
having  touched  here  and  there  upon  those  coasts,  built  cot- 
tages, and  given  names  to  a  few  places ;  that  this,  by  the  law 
of  nations  could  not  hinder  other  provinces  from  freely  navi- 
gating those  seas,  and  transporting  colonies  to  those  parts  where 
the  Spaniards  do  now  inhabit ;  that  prescription  without  pos- 
session availed  nothing."^  On  this  principle  was  carried  on 
the  warfare  for  supremacy  in  North  America. 

In  1578,  Sir  Francis  Drake  landed  at  Bodega  Bay,  north  of 
San  Francisco,  on  land  claimed  by  Spain,  and  raised  the 
English  flag,  claiming  the  entire  country  in  the  name  of  the 

^  Brown,  The  Genesis  of  the  United  States,  I,  9. 


Diplomatic  Relations.  331 

English  sovereign  and  giving  to  it  the  name  New  Albion. 
No  settlement  was  made  and  therefore  no  title  was  acquired. 
In  1607,  Spain  beheld  with  dismay  the  encroachments  of  the 
English  companies  upon  her  territory  on  the  Atlantic  sea- 
board. Powerless  she  looked  on,  while  a  new  nation  was 
being  founded  within  her  own  borders.  Diplomatic  corre- 
spondence and  protests  were  unavailing ;  the  English  took 
possession,  settled  and  developed  the  country,  and  decided  the 
question  of  ownership. 

At  the  time  of  the  treaty  of  Ryswick  in  1697,  the  northern 
boundary  of  Spanish  claims  on  the  Atlantic  seaboard  was 
fixed  by  a  line  drawn  through  Cape  Romaine,  a  point  a  few 
miles  above  Charlestown,  and  extending  westward  to  the  Mis- 
sissippi. In  the  lower  Mississippi  valley  the  Spaniards  still 
held  the  country ;  but  the  encroachments  of  the  French  by 
way  of  the  Great  Lakes  had  already  begun.  In  the  interior, 
west  of  the  Mississippi,  the  Spanish  claims  extended  to  the 
headwaters  of  the  Arkansas  river  in  the  interior  of  Colorado. 
Although  the  treaty  of  Ryswick  had  diminished  their  pre- 
tended possessions  on  the  Atlantic  coast,  they  had  not  yet  lost 
territory  in  the  southwest.  In  order  to  hold  territory,  the 
Spanish  government  adopted  an  exclusive  system  of  trade. 
All  foreign  vessels  were  forbidden  to  enter  Spanish  waters  for 
"  traffick  and  trade."  Not  contented  with  this,  Spain  went  a 
step  further,  and  opposed  as  far  as  it  was  possible  the  near 
approach  of  any  nation  to  the  boundaries  of  her  territory.  To 
meet  this  difficulty,  other  nations  granted  licenses  to  privateers, 
ostensibly  to  explore  and  to  make  discoveries,  but  really  to 
prey  upon  the  commerce  of  Spain  and  to  engage  in  trade 
against  the  laws  of  the  latter.  Hawkins  and  Drake  are 
examples  of  these  voyagers  who  played  the  part  of  sea-pirates 
toward  the  nation  that  was  acting  selfishly  and  unjustly  in 
claiming  more  of  the  earth  than  belonged  to  her.  In  turn, 
the  viceroys  of  New  Spain  began,  as  early  as  1598,  to  study 
how  to  meet  the  open  depredations  upon  Spanish  commerce. 
Paper  cedulas  had  no  effect  in  the  protection  of  the  Spanish 


332  Spanish  Institutions  of  the  Southwest. 

domain  and  seas.  The  Spaniards  attempted  to  guard  the 
coasts  and  to  send  with  each  merchantman  an  armed  fleet  for 
protection.  The  Dutch  began  their  predatory  warfare  early 
in  the  seventeenth  century,  and  France  likewise  had  some  sea- 
rovers  in  the  Spanish  main.  This  irregular  warfare  continued 
until  the  commerce  between  Spain  and  the  American  colonies 
had  about  ceased.  Then,  to  thwart  England  and  the  Nether- 
lands and  relieve  her  commerce,  Spain  granted  France  liberal 
privileges  in  the  carrying  trade  between  the  Indies  and  Spain. 
This  was  so  favorable  to  the  colonists  that  Spain  was  again 
obliged  to  interfere,  to  prevent  an  entire  separation  of  the  colo- 
nies from  the  mother  country.  The  treaty  of  Utrecht  brought 
relief.  This  treaty,  occurring  in  1713,  gave  great  advantages 
to  the  French  in  the  South  American  trade,  and  made  contracts 
with  England  by  what  is  known  as  the  Asiento  Treaty.^  By  the 
latter,  England  was  permitted  to  land  slaves  at  Porto  Bello,  and 
to  engage  in  commerce  at  that  port.  England,  having  obtained 
a  foothold,  carried  out  the  natural  instincts  of  trade,  and  soon 
interfered  greatly  with  Spanish  commerce.  Trouble  with  the 
Spanish  coast  guards  led  to  the  war  of  1739.  This  war 
resulted  in  the  changing  of  the  contracts  with  England,  and 
the  Spanish  ships  were  allowed  to  have  a  greater  carrying 
trade. 

The  French  continued  to  enlarge  their  territory  in  the 
Mississippi  valley  until  the  Spanish  were  practically  crowded 
out.  They  yielded  the  land  reluctantly  and  with  protest,  but 
prescription  had  no  influence  on  the  people  already  in  posses- 
sion of  the  country.  In  1762,  by  a  secret  treaty,  France  con- 
veyed to  Spain  all  of  Louisiana.  This  gave  to  Spain  Florida 
and  the  whole  territory  of  the  Mississippi  valley  west  of  the 
river  and  extending  to  the  Pacific ;  the  entire  country  west 
of  the  Mississippi  river,  with  the  exception  of  Oregon.  By  the 
treaty  of  Paris  in  1763,  Spain  ceded  the  Floridas  to  England, 
but  regained  them  in  1783.     At  this  time  Spanish  territory 

1  Winsor,  VIII,  307. 


/22 


117 


107 


102 


■Y-^ 


/I 


A 


^\^m 


C L '^'kaSfff^TA  CRUX      \ 

I  nmtMBNTEfiEY  \ 

%-    -  ©^  ,u  . 

»SfiNLI/tS  oBiseol 


'^"h» 


W 


«•»?'. 


rzw/ 


US/UlS/IBftl£L  \- 
TABS :  [ 

fmSAf£EA=f^^-  ! 

Zamta  Ana       i 


35 


25 


l*S,Jatf/3. 


I 


\  \l\\D  ffiABLO  J  }  - 

1         P^      .^4;---.  %-'- 


'  ^Spanish 


^1^ 


3M 


r^^';-'-- 


'•z 


^"'      ^    STATES 
i;i   1783 


IjTJ 


//7 


//2 


W7 


/02       lonsjI 


-B.OM  S2     OREENWICH        87 


Diplomatic  Relations.  333 

reached  its  maximum  in  North  America.'  Over  two-thirds 
of  the  present  territory  of  the  United  States  was  in  the  hands 
of  Spain ;  and  Mexico,  the  West  Indies,  and  much  of  South 
America  besides.  It  was  a  magnificent  empire,  but  not  long 
to  be  ruled  by  one  power.  In  1800,  Spain  ceded  Louisiana 
to  France,  but  retained  for  herself  all  of  the  interior  country 
north  of  Mexico,  including  Texas,  New  Mexico,  and  the 
greater  part  of  Colorado.  Contrary  to  the  expectations  of 
Spain,  the  United  States  purchased  Louisiana  from  France, 
and  thus  the  territory  of  the  restless  young  nation  bordered  on 
that  of  the  Spanish  possessions.  The  rich  valley  of  the  INIis- 
sissippi,  even  to  the  headwaters  of  the  Yellowstone,  passed 
from  the  possession  of  Spain. 

On  the  Pacific  coast,  the  shrinkage  of  territory  had  already 
begun  before  the  cession  of  Louisiana.  The  Nootka  contro- 
versy began  in  1789.  At  this  time  Spain  claimed  all  territory 
from  Panama  to  Prince  William's  Sound,  on  the  basis  of  pri- 
ority of  discovery.  Spanish  explorers  were  the  first  to  dis- 
cover this  part  of  the  coast,  but  no  permanent  settlement  had 
been  effected  north  of  San  Francisco.  England  now  sought, 
on  the  strength  of  Cook's  explorations,  to  make  settlements  on 
the  northwest  coast  for  the  purpose  of  carrying  on  the  fur 
trade.  Also  the  Russians  were  pressing  down  the  coast,  and 
the  Spanish  government  endeavored  to  establish  Prince  Wil- 
liam's Sound  as  the  northern  limit  of  its  territory.  Spain  and 
England  were  the  first  nations  to  come  into  controversy  con- 
cerning the  northwest  coast,  and  the  point  under  dispute  was 
Nootka  Sound. 

It  seems  that  England  and  Spain  each  tried  to  establish  a 
settlement  at  Nootka  in  1789,  and  that  Spain  was  the  first  in 
the  field.  At  this  period  there  were  many  trading  vessels, 
mostly  English  and  American,  coming  and  going  in  the  re- 
gion, engaged  in  the  fur  trade.  A  Spanish  expedition  to  the 
north,  returning  in  1788,  brought  news  of  the  situation,  and 


See  Map  of  Spanish  Possessions  in  the  United  States  m  1783. 


334  Spanish  Institutions  of  the  Southwest. 

of  the  rapid  encroachments  of  the  Russians.  To  secure  the 
territory  for  Spain,  Viceroy  Flores  despatched  the  Princess 
and  San  Carlos,  under  their  respective  commanders,  Martinez 
and  Haro,  with  orders  to  make  a  settlement  at  Nootka.  They 
sailed  from  San  Bias  on  February  17,  1789,  with  instructions 
"to  conciliate  the  natives,  for  whose  conversion  friars  were 
sent ;  to  erect  buildings  for  the  colony,  and  fortifications  for 
its  defence,  as  well  as  an  indication  of  the  Spanish  sovereignty 
in  that  region  ;  if  Russian  or  English  vessels  appeared,  to  re- 
ceive them  with  courtesy,  but  with  a  manifestation  of  the  right 
of  Spain,  by  virtue  of  discovery,  to  this  establishment  and 
others  that  were  to  be  founded ;  and  after  the  foundation,  to 
send  the  San  Carlos  on  an  exploring  tour  to  the  coast  between 
50°  and  55°."^  The  vessels  arrived  at  their  destination  in 
May,  and  the  commander,  Martinez,  proceeded  to  take  formal 
possession  of  the  port.  He  erected  barracks  for  his  men,  and 
established  a  fort  at  the  entrance  to  the  sound.  The  Spanish 
commander  seized  the  Iphigenia,  an  English  trader  of  the 
Hudson  Bay  Company,  flying  the  Portuguese  flag.  The  com- 
mander was  under  the  impression  that  the  ship  carried  in- 
structions hostile  to  the  Spaniards ;  therefore  the  ship  was 
seized,  but  was  afterwards  released,  a  better  understanding 
having  been  reached.  Other  difficulties  arose,  and  several 
vessels  were  seized,  under  the  supposition  that  they  had  orders 
to  make  settlements  at  Nootka.  This  led  to  a  diplomatic  con- 
troversy which  threatened  war.  The  Spanish  government 
claimed  that  by  priority  of  discovery  and  settlement  and  by 
former  treaties,  it  had  a  just  right  to  the  territory.  According 
to  the  Spanish  version,  during  the  controversy  Russia  declared 
in  favor  of  the  rights  of  Spain,  by  prohibiting  Russians  from 
settling  in  Spanish  territory  and  by  requesting  the  Spanish  sov- 
ereign to  apprehend  and  punish  all  offenders  against  the  law. 
Without  doubt,  Spain  had  legitimate  claims  to  the  territory  of 
the  northwest,  but  they  did  not  figure  in  the  present  contro- 

^  Bancroft,  History  of  the  Northwest  Coast,  213. 


Diplomatic  Relations.  335 

versy ;  it  was  au  immediate  struggle,  out  of  which  the  nation 
strongest  in  diplomacy  and  war  must  come  off  conqueror. 
England  claimed  damages  for  the  seizure  of  Britisli  -^hips, 
and  demanded  the  privileges  of  trade  in  the  waters  and  on 
the  coasts  of  the  North  Pacific. 

While  war  was  threatening,  the  convention  of  Xootka  in 
1790  settled  the  question  between  Spain  and  England.  The 
treaty  was  signed  October  28,  which,  though  it  did  not  relin- 
quish the  rights  of  Spain,  practically  excluded  her  from  colo- 
nization on  the  northwest  coast.  By  the  terms  of  the  treaty, 
Spain  agreed  to  restore  the  buildings  and  lands  taken  from 
the  British  in  the  preceding  year.  Each  party  was  to  make 
just  reparation  to  the  other  for  all  acts  of  violence  or  hostility 
which  might  have  been  committed  subsequent  to  April,  1789. 
England  secured  the  right  of  commerce,  navigation,  and  set- 
tlement on  the  Pacific  coast  above  San  Francisco,  and  the 
same  rights  were  secured  to  Spain.  "  Each  nation  was  to  have 
free  access  to  the  establishments  of  the  other  in  the  same  ter- 
ritory above  San  Francisco.  England  pledged  herself  to  pre- 
vent illicit  trade  at  the  Spanish  ports,  and  to  refrain  from  ap- 
proaching within  ten  leagues  of  Spanish  settlements."  *  The 
terms  of  the  treaty  were  very  fair  to  both  parties,  yet  it  was 
in  reality  a  triumph  for  England  and  a  humiliation  to  Spain; 
for  the  latter  practically  renounced  all  sovereignty  on  the 
North  Pacific  coast,  and  the  former  was  placed  in  a  jwsition 
to  contest  for  supremacy  after  the  manner  of  Englishmen. 

Notwithstanding  the  fact  that  Spain  had  an  acknowledged 
permanent  settlement  at  Nootka,  her  forces  were  withdrawn 
from  there  five  years  after  the  signing  of  the  Nootka  treaty, 
quietly,  and  without  relinquishing  her  right  to  the  territory. 
Subsequently  she  fixed  the  limits  of  her  territory  at  the  northern 
boundary  of  California.  This  ended  the  struggle  on  the  part 
of  Spain  for  supremacy  in  the  Northwest.  The  only  desire 
that  Spain  had  in  securing  these  lands  was  to  protect  her  other 


For  condensed  copy  of  the  treaty  see  Bancroft,  Northwest  Coast,  234. 


336  Spanish  Institutions  of  the  Southwest. 

interests  by  keeping  foreign  powers  several  hundred  miles  from 
her  own  establishments,  and  perhaps  to  maintain  as  a  matter 
of  pride  the  ancient  claims  to  territory.  But  these  were  not 
sufficient  causes  for  war  with  England,  and  the  case  demanded 
either  war  or  withdrawal. 

In  1794,  a  permanent  settlement  of  the  difficulties  was 
effected.  By  the  agreement  at  this  time,  no  permanent  settle- 
ment was  to  be  made  at  Nootka,  though  temporary  buildings 
might  be  erected  there  for  trading  purposes.  It  is  very  diffi- 
cult to  tell  whether  Spain  withdrew  from  Nootka  by  force  of 
agreement  due  to  the  power  of  Great  Britain,  or  whether  the 
withdrawal  was  voluntary  on  account  of  the  expense  of  keeping 
up  an  establishment  that  now  yielded  but  a  faint  shadow  of  the 
old  time  glory  of  exclusive  dominion.  It  is  to  be  noticed  that 
the  advice  of  the  viceroy,  Revilla  Gigedo,  given  in  a  report 
dated  April  12,  1793,  favored  the  abandonment  of  Nootka. 
He  thought  it  not  advisable  to  keep  up  the  expensive  port  of 
Nootka  for  the  sole  purpose  of  keeping  out  foreigners.  In 
his  opinion  the  fur  trade  would  soon  decline,  and  it  was  there- 
fore considered  unwise  to  advise  Spanish  traders  to  compete 
with  the  English  in  Nootka  waters.  But  he  advocated  the 
strengthening  of  presidios  in  California,  the  occupation  of  the 
port  of  Bodega,  and  if  it  could  be  found,  the  fortification  of 
one  other  port  north  of  this.^  In  regard  to  Nootka,  he  says, 
"  I  am  then  of  the  opinion  that  we  should  cede  to  the  English 
wholly  and  generously  our  establishment  at  Nootka,  since,  so 
far  as  the  way  of  thinking  of  the  English  commander,  Van- 
couver, and  his  emissary,  Broughton,  could  be  ascertained, 
it  seems  that  they  desire  and  aspire  to  wave  the  English  flag 
over  that  port  without  recognizing  that  of  Spain,  moved  rather 
by  the  idea  or  vain-glory  of  sustaining  what  by  reason  of 
opposition  they  have  made  a  point  of  honor,  than  by  motives 
of  interest  or  advantages  which  are  truly  problematic  in  con- 
nection with  the  fur  trade."  ^     Another  significant  point  is 

'  Bancroft,  Northwest  Coast,  I,  29] . 


Diplomatic  Relations.  337 

that  though  the  treaty  limited  the  territory  under  controversy 
to  that  already  occupied  by  the  Spaniards,  or,  as  is  generally 
stated,  that  north  of  the  port  of  San  Francisco,  the  Spanish 
government  set  up  a  claim  to  the  northern  boundary  of  Cali- 
fornia as  a  limit  of  its  possessions,  a  point  within  the  disputed 
territory.  This  northern  boundary  of  California  was  main- 
tained by  the  Spanish  and  Mexican  government  as  the  limit 
oftheir  possessions,  down  to  the  American  conquest  of  California 
in  1 848.  These  two  significant  facts  would  seem  to  indicate  that 
Spain  withdrew,  not  by  formal  agreement,  but  on  account  of 
the  supposed  advantage  to  her  own  aflfairs.  Had  the  advice 
of  Gigedo,  namely,  to  contract  her  boundaries  and  strengthen 
her  fortifications,  been  the  general  policy  of  Spain,  it  would 
have  been  a  thousand  times  in  her  favor  in  conducting  her 
policy  in  America.  Unfortunately  the  policy  of  Spain  was  to 
enlarge  boundaries,  and  thereby  necessarily  weaken  defenses. 
After  the  loss  of  Oregon  in  1795,  and  Louisiana  in  1800, 
Spain  was  next  forced  to  part  with  Florida  in  1819.  The 
only  pretence  to  the  occupation  of  Florida  in  1818,  consisted 
of  two  garrisons,  one  at  Pensacola  and  the  other  at  St.  Augus- 
tine.^ Spanish  autliority  had  become  nearly  extinct,  so  much 
so  that  a  buccaneering  band  of  not  more  than  one  hundred 
and  fifty  men  held  Amelia  Island  against  the  power  of  the 
governor.  One  short  futile  attempt  was  made  to  dislodge  the 
pirates,  and  that  was  all.  There  were  many  reasons  why  our 
government  desired  to  be  rid  of  the  imperfect  government  of 
Ferdinand  VII.,  who  despised  free  institutions  and  feigned  a 
contempt  for  the  nation  advocating  them.  The  lawless  mis- 
rule of  Florida  was  a  continual  trial  to  the  United  States,  and 
the  treaty  of  1819  brought  great  relief.  The  Spanish  govern- 
ment would  not  regulate  her  own  territory,  and  the  United 
States  was  obliged  to  do  so  in  her  own  behalf.  General 
Wilkinson  moved  upon  Mobile  in  1813;  General  Jackson 
drove  the  British  out  of  Pensacola  in  1814;  four  years  later 

^Schouler,  History  of  the  United  States,  III,  31. 

22 


338  Spawish  Institutions  of  the  Southwest. 

the  same  general  defeated  the  Seminole  Indians  within  Span- 
ish territoiy,  captured  Pensacola,  and  hanged  two  British 
subjects  who  had  been  instrumental  in  inciting  the  war 
against  him.  The  United  States  government  did  not  sanc- 
tion these  movements.  Spain  was  helpless,  and  the  treaty 
was  signed  as  a  necessity  on  her  part.  The  United  States 
paid  $5,000,000  for  Florida,  but  the  sum  was  to  be  paid  to 
American  citizens  who  had  claims  against  Spain. ^ 

The  revolt  of  the  Spanish-American  republics  in  1821 
resulted  in  the  overthrow  of  Spanish  dominion,  and  the  crea- 
tion of  the  United  States  of  Mexico.  The  overthrow  was 
attended  with  great  humiliations  on  the  part  of  Spain ;  for 
by  it  she  relinquished  her  claims  to  the  whole  of  North 
America.  All  controversies  then  in  vogue  or  to  be  in  vogue 
in  the  future,  respecting  the  territory  of  the  United  States, 
devolved  upon  Mexico  to  settle.  Mexico,  by  the  treaty  with 
Spain,  obtained  the  whole  territory  that  hitherto  belonged  to 
Spain,  extending  to  the  forty-second  parallel  on  the  northwest, 
and  to  the  Sabine  river  on  the  southeast.  The  causes  of  the 
Mexican  revolution  are  to  be  found  in  the  evils  of  the  Spanish 
system.  It  is  true  the  tide  of  revolution  that  began  in  1776 
had  at  last  reached  Mexico.  The  growing  differences  between 
the  people  or  Mexicans  and  the  rulers  or  Spaniards  brought 
great  discontent.  The  people  of  Mexico  knew  not  what  they 
wanted,  but  they  were  certainly  weary  of  the  Spanish  govern- 
ment. The  extra  demand  on  the  people  for  taxes  to  meet  the 
wars  against  Napoleon  increased  the  discontent.  Spaniards 
born  in  America  were  excluded  from  rights  enjoyed  by  the 
Spanish-born,  and  the  revolution  sought  to  remedy  this  in- 
justice. As  the  spirit  of  freedom  and  equality  stirred,  it 
became  necessary  to  use  force  to  suppress  it,  and  this  hastened 
the  outbreak  of  the  revolution. 

Texas  was  the  next  empire  to  be  carved  out  of  the  old  Span- 
ish dominions.     Long  controversies  ensued  after  the  treaty  of 

^Winsor,  VII,  546. 


Diplomatic  Relations.  339 

Paris  in  1763,  and  subsequently  after  the  Louisiana  purcliase, 
concerning  the  boundaries  of  Texas  and  Louisiana ;  the  latter 
then  being  a  remote  province  of  New  Spain,  At  tlie  time  of  the 
Louisiana  purchase,  France  and  Spain  had  joint  claims  to  the 
land  lying  west  of  the  Sabine  river.^  France  based  her  claims 
upon  the  exploration  of  La  Salle,  and  Spain  based  hers  upon 
her  assumed  general  title  to  all  lands  discovered  in  America. 
Spain  then  had  settlements  in  Texas,  but  they  were  in  the  west 
and  remote  from  the  boundary  marked  by  the  Sabine  ;  though 
some  Spaniards  had  traversed  the  eastern  part  of  the  country. 
Under  the  conditions  of  the  purchase,  the  United  States  suc- 
ceeded to  the  rights  of  France  west  of  the  Sabine  river.  The 
question  of  settlement  was  left  open  until  1819,  when  the 
United  States,  in  her  treaty  with  Spain,  abandoned  all  claims 
beyond  the  Sabine.  This  line  was  affirmed  in  a  treaty  with 
Mexico  in  1828,  and  a  treaty  with  the  Republic  of  Texas  ten 
years  thereafter. 

Attempts  were  made  by  the  United  States  government  in 
1827  and  in  1829  to  purchase  Texas  from  Mexico,  but  with- 
out avail.  The  state  of  Texas  was  a  remote  province  of  New 
Spain  and  therefore  poorly  governed.  With  the  absence  of 
independent  power  of  self-government,  the  remote  territories 
were  too  far  away  to  receive  the  beneficial  influences  of  the  cen- 
tral government.  But  though  afflicted  with  the  evil  of  too  little 
administration,  they  were  free  from  the  terror  of  too  much 
government  that  intimidated  some  of  the  pi-ovinces  of  Spain. 
But  Texas  soon  became  peopled  with  Anglo-American  immi- 
grants; and  these  showed  a  far  different  spirit  from  the  Spanish 
colonists,  who  had  received  a  long  training  in  over-government 
and  subjection.  They  came  principally  from  the  southern 
States ;  but  nearly  every  state  in  the  Union  contributed  its 
quota  to  the  colonists  who  believed  in  self-government.  For 
some  time  Texas  was  united  with  the  State  of  Coahuila  under 
the  name  of  the  Free  State  of  Coahuila  and  Texas.     But  the 


1  Winsor,  Justin,  Narrative  and  Orilical  History  of  America,  VII,  550. 


340  Spanish  Institutions  of  the  Southwest. 

first  movement  toward  revolution  was  seen  in  the  separation  of 
Texas  from  Coahuila,  giving  the  former  an  independent  gov- 
ernment. This  separation  was  brought  about  in  part  by  the 
patriots  of  Texas.  General  Santa  Ana  was  shrewd  enough  to 
see  what  this  meant  for  the  liberty-loving  people  of  this  remote 
province,  and  he  therefore  endeavored  to  reduce  the  government 
of  Texas  to  a  more  direct  subordination  to  the  central  government. 
To  force  a  liberty-loving  people  to  a  more  complete  depend- 
ence upon  a  weak,  revolutionary,  and  wretchedly  administered 
government  was  not  an  easy  task.  The  result  of  the  attempt 
was  a  revolt,  and  a  declaration  of  independence  by  the  Repub- 
lic of  Texas.  This  declaration,  which  was  made  in  1836,  led 
to  the  entire  separation  of  Texas  from  the  United  States  of 
Mexico.  After  this  Mexico  indulged  in  a  great  deal  of  talk 
about  the  recovery  of  Texas,  and  did  not  a  little  fighting;  but 
it  was  of  no  avail.  The  question  was  to  be  settled  finally  by 
a  greater  power  than  the  young  republic  of  Texas.  The  whole 
aspect  of  affairs  was  changed  by  the  annexation  of  Texas  to 
the  United  States.  The  result  was  war,  which  ended  in  the 
treaty  of  Gaudalupe  Hidalgo  signed  in  1848.  This  was  about 
the  last  struggle  of  the  Spanish  American  power  to  maintain 
itself  within  the  present  boundary  of  the  United  States.  With 
the  exception  of  the  Gadsden  purchase,  by  which  a  part  of 
Arizona  was  obtained,  the  treaty  of  Hidalgo  gave  us  all  of  New 
Mexico,  Texas,  California,  Arizona,  and  the  greater  part  of 
Colorado.  It  was  the  last  final  triumph  of  the  Anglo-Amer- 
icans over  the  Spanish-Americans. 

Prior  to  the  Mexican  war  there  were  several  powers  that 
looked  with  some  anxiety  toward  the  possible  possession  of 
California.  These  were  France,  England,  Russia,  and  the 
United  States.  It  is  not  easy  to  say  to  what  extent  France 
and  England  had  designs  on  California.  Probably  nothing 
definite  was  ever  planned,  although  without  doubt  they  were 
looking  to  a  possible  occupation.  The  United  States  made 
her  desire  known  by  attempts  to  purchase  the  territory. 
Russia  early  declined  the  struggle.     In  1812  the  Russians 


Diplomatic  Relations.  341 

obtained  permission  of  the  Spanish  governor  to  establish  a 
trading  station  at  Bodega  Bay.  Their  ostensible  purpose  was 
to  obtain  supplies  for  their  northern  posts  and  stations.  In 
a  few  years  they  had  grown  so  strong  in  numbers  and  in  for- 
tifications that  the  Spanish  authorities  asked  them  to  depart 
from  the  coast.  The  Russians  boldly  informed  the  Spaniards 
that  they  intended  to  remain,  and  verified  their  determination 
by  erecting  another  fort  in  1820,  about  forty  miles  north  of 
Bodega.  Russia  now  made  pretentious  claims  to  the  northwest 
coast,  which  were  denied  by  England  and  America.  She  claimed 
a  right  to  the  territory  north  of  the  parallel  of  forty-five  de- 
grees and  fifty  minutes.  After  much  controversy,  the  bound- 
ary line  was  fixed  at  54°  40',  the  Russians  agreeing  to  remain 
north  of  that,  and  the  United  States  agreeing  to  remain  on  this 
side.  The  Russians  still  continued  at  Ross  and  Bodega  ;  and 
the  English  complained  that  they  were  violating  treaty  stipu- 
lations, and  asked  the  Mexicans  to  drive  them  out.  Mexico 
was  not  able  to  do  this,  but  asked  the  intercession  of  the 
United  States ;  and  at  the  request  of  the  latter  nation  the 
Russians  withdrew.     This  ended  their  struggle  for  California. 

The  explorers  and  writers  for  many  years  had  been  repre- 
senting the  desirability  of  California.  They  had  spoken  of 
the  fine  climate,  fertile  soil,  and  especially  of  its  advantageous 
position;  and  had  created  a  general  desire  among  nations 
for  occupancy.  France  had  sent  La  Perouse,  and  later  De 
Mofras,  who  had  given  faithful  descriptions  of  the  country.  ^ 
Forbes,  representing  English  interests,  inquired  carefully  into 
the  situation.  The  United  States  depended  somewhat  upon 
the  explorations  of  John  Wilkes.  It  was  supposed  that 
both  France  and  England  had  agents  who  were  ready  to  in- 
form the  government  of  the  opportune  time  for  conquest  and 
occupation.  This  was  greatly  exaggerated,  although  it  must 
be  held  that  each  of  the  nations  desired  California,  and  would 
not  lose  a  favorable  opportunity  of  obtaining  possession. 

The  Mexican  government  owed   France  a  large  sura  of 
money,  but   would   not   pay    it   when  demanded;  therefore 


342  Spanish  Institutions  of  the  Southwest. 

France  with  her  army  and  fleet  took  Vera  Cruz,  and  thus 
forced  the  government  to  pay  the  loan.  Mexico  also  owed 
England,  and  it  was  suggested  that  the  territory  of  California 
would  about  cancel  the  debt,  in  the  event  of  a  separation  of 
California  from  Mexico.  France  seemed  greatly  interested 
in  California.  Without  doubt  she  thought  her  services  might 
be  useful  to  the  Californians,  should  a  crisis  appear.  Her 
claim  to  a  probable  protectorate  was  based  upon  the  idea  of  a 
common  religion,  a  common  race  as  opposed  to  the  Teutonic, 
and  a  common  sympathy  in  dislike  for  the  aggressive  Anglo- 
Saxon.  The  British  government  had  on  the  Pacific  coast  a 
fleet  of  four  vessels,  the  French  had  a  fleet  of  eight  vessels, 
and  the  United  States  sent  Commodore  Jones  with  a  fleet  of 
five  ships,  to  look  out  for  her  interests  in  the  Pacific.  Com- 
modore Jones  raised  the  American  flag  at  Monterey,  an  act 
for  which  the  government  afterwards  apologized.  No  doubt 
it  was  the  understandins;  that  the  American  flag-  was  to  be 
raised,  but  Commodore  Jones  was  too  hasty.  This  was  not 
a  diplomatic  contest  for  supremacy  in  California,  but  rather 
a  shrewd  watchfulness  to  take  advantage  of  occasions  as  they 
arose.  Of  the  three  powers,  the  United  States  had  two  points 
in  her  favor.  First,  the  stream  of  emigrants  that  began  to 
pour  into  the  province  would  soon  Americanize  it,  if  not  hin- 
dered; and  second,  the  territory  would  fall  naturally  to  the 
United  States  as  an  addition  to  her  national  territory.  As 
soon  as  hostilities  had  begun  on  the  Rio  Grande,  the  occupa- 
tion of  California  was  a  simple  matter. 

But  the  writer  will  forbear  attempting  to  describe  a  very  inter- 
esting epoch  of  history,  as  condensation  into  a  few  paragraphs 
would  spoil  the  story.  The  raising  of  the  Bear  Flag  ;  the  in- 
fluence of  Thos.  Larkin ;  the  action  of  Commodore  Sloat,  in 
raising  the  American  Flag  at  Monterey ;  the  action  taken  by 
Generals  Kearney  and  Fremont ;  the  work  of  Commodore 
Stockton ;  the  feeble  resistance  of  the  Californians  ; — this  and 
much  more  is  familiar  to  the  majority  of  readers.  The  result 
of  it  all  was  that  the  United  States  obtained  the  most  inter- 


Diplomatic  Relations.  343 

esting  portion  of  old  Spanish  territory  in  America,  and  indeed 
that  which  has  proved  of  greatest  benefit  to  the  race  in  fur- 
nishing products  of  the  mines  and  the  soil,  and  happy  homes 
for  millions  who  rejoice  in  a  free  and  intelligent  government. 
The  method  by  which  California  was  won  to  the  United  States 
has  been  clearly  set  forth  by  Mr.  Bancroft,  in  his  fifth  vol- 
ume of  the  History  of  California,^  and  the  story  of  the  Se- 
cret Mission  of  Bear  Flag  has  been  admirably  told  by  Mr. 
Royce,  in  his  "  California."  ^  Interesting  and  inviting  as  the 
subject  is,  the  writer  of  the  present  volume  has  nothing  new 
to  oifer.  Besides,  want  of  space  would  necessitate  a  curtailed 
account ;  and  this  I  consider  worthless  in  this  connection.  The 
whole  story  should  be  told  with  a  complete  analysis  of  motives 
and  plans,  to  render  the  presentation  creditable. 

Thus  we  have  seen  how  the  great  assumptions  of  Spain  have 
ended  in  humiliation  and  defeat  and  resulted  in  her  entire  with- 
drawal from  the  soil  of  America  because  of  inability  to  cope 
with  other  powers  in  the  struggle  for  territory.  We  have 
seen  how  in  diplomacy  and  war,  in  civilization  and  progress, 
Spain  has  fallen  behind  in  the  race  of  nations.  But  the  prob- 
lem of  the  decline  and  fall  of  Spain  was  solved  before  the  writer 
entered  upon  the  subject  of  the  last  chapter.  The  nature  of 
Spanish  institutions  as  previously  presented  in  this  volume, 
the  laws,  the  government,  the  administration,  and  the  condi- 
tions under  which  the  nation  worked,  all  point  to  the  secret 
causes  of  retrogression.  The  institutions  were  too  stereotyped 
and  inflexible  to  be  adapted  to  the  requirements  of  a  nfew 
country.  Beyond  a  few  leaders,  the  colonists  were  lacking  in 
vigor,  enterprise,  and  the  power  of  developing  institutions. 
The  commercial  policy  of  Spain  was  immediately  and  con- 
tinuously ruinous  to  the  colonists,  and  detrimental  to  Spanish 
enterprise.  Trade  that  would  have  sprung  up  spontaneously 
was  stifled  in  its    attempts  by  burdensome  restrictions  and 


1  Bancroft,  H.  H.,  Hislory  of  California,  Vol.  V,  Chaps.  III-XVII. 
*  Royce,  Josiah,  California,  American  Commonwealths,  Chapter  II. 


344  Spanish  Institutions  of  the  Southwest. 

laws.  Again,  Spain  had  attempted  to  compass  and  settle 
lands  of  too  great  extent,  and  therefore  could  not  defend 
them,  much  less  develop  them.  Declining  power,  manifested 
in  the  decrease  of  wealth,  commerce,  and  diplomatic  prowess, 
caused  Spain  to  yield  her  vast  possessions  to  more  vigorous 
nations,  that  were  willing  and  able  to  develop  the  natural 
wealth  of  the  land,  and  to  give  to  the  inhabitants  an  enlight- 
ened and  free  government  untainted  with  mediaeval  wrongs. 
Yet  with  all  of  this  and  more  to  be  said,  Spain  has  rendered 
great  service  in  opening  up  undiscovered  tracts  of  land  to  the 
world,  and  in  performing  pioneer  work  in  much  of  the  vast 
territory  of  America. 


INDEX 


A. 

Acapulco,  trade  of,  298. 

Adobe,  defined,  273. 

Agricola,  founds  colonies,  21. 

Alameda,  the  grove,  277. 

Alaric,  code  of,  25. 

Alcalde,  67,  115,  277 ;  duties  of,  191, 
290-293. 

Alcatraz,  277. 

Alexander  VI,  and  Spain,  2,  54, 330. 

Alferez  real,  284. 

Alfonso  the  Wise,  28. 

Alfonso  X,  formulates  Siete  Partidas, 
159. 

Alguazil,  67,  284. 

Alhambra,  129. 

Alonzo  XI,  28,  32. 

Alta  California,  settlement  of,  84, 
88-111. 

Amadis  of  Gaul,  91. 

Amazons,  218. 

Amelia  Island,  buccaneers  on,  337. 

"  An  Apostle  of  the  Tules,"  273. 

Anian,  strait  of,  75. 

Arab-Moors,  architecture  of,  127. 

Architecture,  of  Moors,  Spaniards, 
Eomans,  etc.,  127  fF. 

Argiiello,  and  San  Jos^,  182 ;  decree 
of,  294  ff.  ;  quoted,  304. 

Arizona,  Spaniards  in,  8,  220-223. 

"  Arizuma,"  220. 

Arrillaga,  203  ;  and  Guerra,  186. 

Asiento  Treaty,  332. 

Astralagus,  276. 

Atlantic  Monthly,  quoted,  91. 

Audiencia,  of  Mexico,  252. 

Augustus,  and  Spain,  16 ;  and  colon- 
ization, 18. 

Austin,  Gen.,  colonv  of,  237,  318,  319. 

Austin,  S.  F.,  and  Texas,  237. 

Austin  and  Williams'  grant,  319. 


Authorities  consulted,  xxi. 
Autos  acordados,  defined,  61,  note. 
Alvarado,  Gov.,  proclamation  of,  137. 
Averia,  303. 
Avila,  Cornelia,  321. 
Ayuntamientos,     established,     135; 
described,  286-290,  294. 


B. 


Bac,  mission  of,  221  AT. 

Baja  California,  92,  93 ;  missions  of, 
82. 

Balboa,  and  the  Pacific,  330. 

Ballona  of  the  Zuiiingas,  320. 

Bancroft,  Hubert  Howe,  cited,  vi, 
221,  222,  227,  261,  269,  285,  302, 
322,  343;  quoted,  72,  73,  81,  109, 
203,  212,  214,  278,  284,  303,  327. 

Baudelier,  on  the  Pueblo  Indians,  251. 

Bartolo  Tapio,  Maligo  of,  320. 

Bartlett,  quoted,  263. 

Bear  flag,  raising  of  the,  342,  343. 

Beechy,  cited,  150. 

Bellamy,  118. 

Benedictines,  come  to  Mexico,  72. 

Bexar,  department  of,  319. 

Blackmar,  Frank  W.,  vii. 

Bodega  Bar,  Drake  at,  330;  Rus- 
sians at,  301,  307,  340  fl'. 

Bonanza,  defined,  274. 

Borica,  Gov.,  196;  and  land  grants, 
204;  report  of,  214. 

Boscana,    and     California    Indians, 

241  ft: 

Botas,  defined,  261. 

Branciforte  (Santa  Cruz),  founding 

of,  184  ft: 
Brazos,  department  of,  318. 
Breviariuni,  25. 
Bronco,  defined,  277. 
Broughton,  and  Vancouver,  336. 

345 


346 


Index. 


Bryant  visits  California,  291. 
Bucareli,  orders  of,  209  ;  quoted,  198. 
Buitron,   Manuel,  land  granted  to, 

320. 
Bull-fighting,  in  California,  259. 
Burke,  quoted,  55,  note,  QQ. 
Burros,  defined,  276. 

c. 

Cabrillo,  expedition  of,  76,  88,  92; 

and  the  Indians,  239;  quoted,  241. 
Cachina,  Indian  dance,  244. 
Cfesar,  colonies  of,  18,  21. 
California,   scheme   to   colonize,    9 ; 

origin  of  the   name,   76,  91,  93; 

and  the  Amazons,  91 ;  early  trade 

in,  300 ;  acquired  by  United  States, 

340-342. 
Californias,    317;     organization    of, 

281  ff. 
Canon,  defined,  273. 
Capistrano,  mission  of,  241, 
Carlisle,  Indian  School  at,  148. 
Carillo,  marriage  of,  258. 
Carlos  II,  62,  93. 
Carlos  III,  86,  93,  109,  188,  300; 

laws  of,  121;  reforms  of,  84,  160. 
Carlos  V,  83. 

Carmelites,  come  to  Mexico,  72. 
Carmelo,  139,  140,  150. 
Casa  de  Contratacion,  52,  296. 
Cascarones,  defined,  258. 
Castenada,  cited,  247. 
Castillo,  208,  210. 
Castillo,  Bernal  Diaz  del,  92. 
Cedulas,  331 ;  defined,  61,  note. 
Century  Magazine,  quoted,  9,  note. 
Charles  V  (Charles  I),  39,  40,  46, 

47,   70,  159,   161;    policy  of,  39, 

120 ;    and  council  of  the  Indies, 

51  ;  grants  land  to  Indians,  252. 
Charlemagne,  34. 
Chihuahua,  laws  of,  317  fT. 
China,  trade  with,  300. 
Chindasunithe,  26. 
"  Chinigchinich,"  Indian  God,  241- 

243. 
Christianity,  in  Spain,  24. 
Cibola,  seven  cities  of,  76,  217,  219, 

220. 
Cicero,  quoted,  17. 
Clovis,  25. 
Coahuila,  and  Texas,  231-233,  339; 

laws  of,  318. 


Colonies,  Spanish  and  English,  10 
Roman,    17,    49;    and   land,    20 
Greek,  48 ;  Spanish  military,  50 
mining  in  early,  60;  Spanish  law 
in,  62. 

Colonists,  social  and  political  life  of, 
255-279;  character,  255;  classes, 
255 ;  hospitality,  257 ;  sports,  balls, 
etc.,  258  ff.;  costumes,  260  ff.; 
society,  263;  politeness  of,  264; 
homes,  264 ;  morals,  267 ;  educa- 
tion, 267  ;  industries,  268 ;  politi- 
cal life,  270;  language,  271  ff.'; 
literature,  278. 

Colonization,  Spanish,  7,  16,  18,  48- 
64;  laws  of  Mexico  regarding, 
328. 

Columbus,  329 ;  and  repartimientos, 
58. 

Commerce  (see  Trade). 

Commission,  land,  324,  327. 

Companero,  defined,  277. 

Congress,  of  Mexico,  282 ;  of  United 
States  and  the  land  question,  322, 
326,  327. 

Contra  Costa,  209. 

Cook,  explorations  of,  333. 

"  Cook  place,"  177. 

Coronado,  expedition  of,  218-220. 

Corral,  defined,  274. 

Corregidores,  37. 

Cones,  of  Spain,  vii,  27,  29,  32,  33; 
decrees  of,  132,  188,  189;  decree 
of  1811,  311 ;  decrees  of  1820  and 

1821, 312.  ::r^ 

Cortes,  95,  218 ;  expeditions  of,  65- 
79,  89;  names  California,  91,  92; 
and  Velasquez,  64. 

Costanso,  Miguel,  108. 

Crespi,  Father,  97,  104,  106,  108. 

Croix,  94,  110,  119. 

D. 

Dana,  R.  H.,  195;  describes  Mon- 
terey, 204  ff. ;  describes  the  fan- 
dango, 258;  quoted,  262,  301. 

Davis,  W.  W.  H.,  quoted,  229,  264. 

Decree  of  1830,  315  ff. 

Decretos,  defined,  61,  note. 

De  Mofras,  describes  California,  341 ; 
cited,  142;  quoted,  125,  194. 

Deputation,  California,  136. 

Diplomatic  relations,  329-343. 

Dolores,  mission  of,  139,  140. 


Index. 


347 


Dominicans,  82  ;  in  Mexico,  72  ;  and 

the  missions,  145. 
Dominguez,  ranches  of,  320,  321. 
Douglas,  quoted,  292. 
Doyle,   John    T.,   and    the   "Pious 

Fund,"  145. 
Drake,  Sir  Francis,  and  Xew  Albion, 

93  ;  and  California,   105 ;  voyage 

of,  330,  331. 
Dwinelle,   cited,   168,  note ;  quoted, 

143,  150. 

E. 

East  India  Company,  49. 

Echeandia,  303. 

Education,  in  earlv  California.  267. 

Ejidos,  defined,  166,  168. 

El  Carmelo  Mission,  185. 

El  Fugio,  land  grant,  321. 

"  El  Gringo,"  264. 

Emoy,  Lieut.,  in  New  Mexico,  229. 

Emphyteusis,  310. 

Empresario,  314  ;  defined,  235. 

Encino  rancho,  321. 

Encomiendas,  114  ;  origin  of,  59. 

England,  and   monopolies,  49  ;  and 

California,  340  ff. 
Enrique,  39. 

Espejo,  expedition  of,  220,  223. 
Esplandian,  91. 
Estufa,  defined,  245,  247. 
Euric,  code  of,  25. 


F. 


Fages,  Captain,  102,  108,  182,  203 ; 

and   Galvaez,    99 ;    discovers  the 

Golden  Gate,  207. 
Fages,  Gov.,  and  San  Jos^,  174;  and 

land  grants,  320,  321. _ 
Fandango,  Dana   describes  a,   258  ; 

defined,  274. 
Ferdinand,   and   Isabella,  9,  33,   38 

37,  38,  39,  46 ;  and  Council  of  the 

Indies,  51. 
Ferdinand  III,  34. 
Ferdinand  VI,  44,  160. 
Ferdinand  YII,  rule  of,  337. 
Feudalism,  b^sis  of,  309. 
Fiestas,  defined,  258. 
Figueroa,  Gov.,  letter  of,  209.  _ 
Figueron,  Jose,   and   secularization, 

134,  136. 


Fiores,  141  ;  orders  of,  334. 

Florida,  Spain  gains,  G  ;  Spain  loses, 
337  ;  United  States  buvs,  338. 

Flota,  298  ff. 

Forbes,  in  Cilifornia,  341 ;  cited, 
150  ;  quoted,  79,  303. 

"  Forum  Judicum,"  26. 

Fourier,  118. 

France,  in  the  Mississippi  valley, 
332;  gains 'Louisiana,  332;  de- 
sires California,  340  H". 

Franciscans,  97,  116,147,160,185; 
aid  Galvaez,  87;  in  Mexico,  72; 
in  California,  95;  and  the  mis- 
sions, 144  ff. ;  in  Arizona,  221  fl'. ; 
in  Kew  Mexico,  224. 

Freeman,  E.  A.,  quoted,  II,  3. 

Fremont,  Gen.,  342. 

Fresno,  277. 

Fueros,  159  ;  nature  of,  27  ;  of  1748, 
299. 

"  Fuero  Juzgo,"  26,  28. 

Fuero  Real,  28. 

Fuero  Viejo  de  Castilla,  28. 

G. 

Gadsden  purchase,  340. 

Galindo,  removal  of.  210. 

Gallows,  298  a>       -^ 

Galvaez,    113,    118,   119;    conquers 

California,  87,  94,  95,  98-100, 110. 
Gaute,  Father,  in  Mexico,  71. 
Gigedo,  Eevilla,  advice  of,  336  ff. 
Goethe,  quoted,  5. 
Golden  Gate,  discovereil,  105  AT. 
Gothic  architecture,  127. 
Gracchus,  law  of,  1^. 
Great  Salt  Lake,  306. 
Greisinger,  quoted,  73. 
Grijalva,  search  for,  64 ;  expedition 

of,  76. 
Guadalupe  Hidalgo,  treaty  of,   252, 

329,  340. 
Guerra,  quoted,  186. 
Guevavi,  mission  of,  221. 
Guizot,  quoted,  26. 
Gutierrez,  cited,  168,  note,  169. 
Guzman,   Nuno    de,   expedition   of, 

217  fi: 

H. 

Hacienda,  defined,  277. 

Hale,  Edw.u-d  Everett,  quoted,  91. 


348 


Index. 


Hall,  cited,  168. 

Haro,  at  Nootka,  334. 

Harte,  Bret,  quoted,  273. 

Hartwell,  W.  E.,  inspects  missions, 

137. 
Haskell  Institute,  148. 
Hawkins,  voyage  of,  331. 
Hebrews,  land  laws  of,  168. 
Helps,  Arthur,  cited,  58,  69. 
Hennepin,  and  California,  92. 
Herrera,  order  of,  303 ;  quoted,  59. 
Hispaniola,  revolt  in,  58. 
Hudson  Bay  Company,  49,  334. 
Humboldt,  cited,  82. 
Hume,  quoted,  4. 


Icazbalceta. 

Indians,  slavery  of,  56  fF. ;  and  the 
Spaniards,  59,  60,  113  ff. ;  social 
condition  of,  238-254;  of  Cali- 
fornia, 239-243,  250;  of  New 
Mexico,  243  ff. ;  the  Pueblo  In- 
dians, described,  244-250;  politi- 
cal status  of,  251-254. 

Indies,  Council  of  the,  51,  52,  54, 
281,  296;  laws  of  the,  118,  163, 
165,  169,  177,  200,  291. 

Inquisition,  41,  42,  44,  83,  84 ;  and 
Carlos  III,  160. 

Intendencia,  177. 

Iniernacion,  303. 

Iphigenia,  the,  334. 

Isabella,  9,  57  ;  conquers  the  Moris- 
coes,  42. 

Iturbide,  and  the  pearl  industry,  77 ; 
and  law  of  1823,  312. 


Jackson,  at  Pensacola,  337. 

Jacquima,  defined,  277. 

Javier,  land  granted  to,  321. 

Jesuits,  in  Mexico,  72;  attempt  to 
settle  California,  77  ff. ;  expelled 
from  New  Spain,  95  ;  in  Paraguay, 
116-118  ;  and  the  mission  system, 
144,  147  ;  expelled  from  Arizona, 
221  ff. 

Jews,  expulsion  of,  40,  42. 

Johns  Hopkins  University,  v. 

Jones,  at  Monterey,  342. 

Julius  II,  bull  of,  54. 


Justinian,  Pandects  of,  28. 

Jusiiza,  46. 

Juzgado,  defined,  164. 

K. 

Kansas,  University  of,  VII. 
Kearnev,   Gen.,   342;    proclamation 

of,  141. 
Kino,  144 ;  in  Arizona,  220,  221. 
Kuhn,  Father,  78,  79,  80. 


La  Canada,  settled,  227. 

Lafuente,  quoted,  38. 

Laguna,  land  grant,  322. 

Land  question.  309-328;  importance 
of,  309;  liberality  of  Spanish 
rulers,  310;  decrees  of  Cortes, 
311 ;  decrees  of  Mexican  Congress, 
312;  law  of  1824,  313;  modes  of 
acquiring  land,  313  ff.,  323;  dis- 
posal of  public  lands,  317-319 ; 
private  grants,  319  ;  ranches,  321 ; 
Mexican  Claims,  322;  treaty  of 
1848,  324 ;  pueblo  land  titles,  325 ; 
mission  estates,  325 ;  grants  in 
New  Mexico,  326;  Mexican  land 
titles,  327;  U.  S.  Land  Commis- 
sions, 322,  324. 

La  Perouse,  195  ;  expedition  of,  301 ; 
visits  and  describes  California, 
307,  341 ;  quoted,  149. 

La  Purissima,  139,  140. 

La  queda,  defined,  294. 

Lariat,  defined,  277. 

Larkin,  Thos.,  influence  of,  342. 

La  Salle,  explorations  of,  230,  339. 

Las  Animas,  land  grant,  322. 

Las  Mas  Californias,  93. 

Las  Llagas,  land  grant,  322. 

Las  Sergas  de  Esplandian,  91. 

Las  Uvas,  land  grant,  322. 

Law  of  1823,  312;  of  1824,  313;  of 
1828,  314;  of  1837,  190,  283,  316; 
of  1851,  324. 

Laws  of  Spain  and  the  Indies,  291. 

Leguminosae,  276. 

Leon,  Cortes  of,  158. 
j  Leon,  Gov.,  and  Texas',  230. 

"  Liber  Judicum,"  26. 

Lobos,  '  the  wolves,'  277. 

Loco,  defined,  276. 


Index. 


349 


Lomas,  expedition  of,  223. 

Lopez,  Father,  185. 

Los  Angeles,  129, 166, 185,  257,  277; 
founding  of,  174,  175,  180;  plan 
of,  181 ;  apportionment  of  lands, 
182 ;  growth  of  the  pueblo,  183. 

Los  Establecimientos  de  San  Diego  y 
Monterey,  93. 

Louisiana,  and  Spain,  7,  337. 

Lower  California,  discovered  by 
Cortes,  75. 

Loyola,  Ignatius,  73. 

Lucjar,  defined,  153. 

M. 

Malaga  and  Salpensa,  laws  of,  155. 

Maligo  of  Bartolo  Tapia,  320. 

Manilla,  established,  298. 

Marcos  (see  Nizza). 

Martinez,  at  Nootka,  334. 

Mayorazgo,  defined,  312. 

Mayor-domos,  appointed,  137. 

Melgarejo,  Friar,  7,  114. 

Melius,  at  Monterey,  301. 

Mendoza,  Antonio,  218. 

Menendez,  at  San  Diego,  267. 

Mesta,  defined,  285,  note. 

Mexican  Kepublic,  decree  of  its  vice- 
president,  315  ;  and  the  land  ques- 
tion, 315-317. 

Mexican  Eevolution,  338. 

Mexico,  city  of,  rebuilt,  68  ;  court 
of,  70  ;  commission  in,  118  ;  ordi- 
nance of  1828, 166 ;  central  govern- 
ment of,  282  ;  and  the  restric  tive 
policy,  304  ;  Spain  loses,  338  ;  and 
California,  341. 

Micheltorena,  proclamation  of,  138. 

Mining  in  Spanish  colonies,  60. 

Missions,  the  svstem,  112-152; 
founding  of,  119;  life  at,  122  _ff.; 
architecture  of,  1 26 ;  seculariza- 
tion of,  130-134 ;  sale  of,  ordered, 
141. 

Mobile,  in  1813,  337. 

Mofras  (see  De  Mofras). 

Moncada,  198. 

Monopoly,  and  England,  49;  in  Cal- 
ifornia, 296. 

Monte  del  Diablo,  278. 

Monterey,  257,  303 ;  expeditions  to, 
103,  104,  108  ;  founding  of,  108  ; 
conquest  of,  118  AT. ;  American  flag 
raised  at,   141 ;    military  impor- 


tance of,  204 ;  Dana  describes,  204 ; 
Vancouver  describes,  205 ;  society 
at,  206,  265,  294  ;  government  of, 
207 ;  growth  of,  215 ;  dress  at, 
262  ;  trade  at,  301,  307  ;  claim  of, 
325. 

Monterey,  Count  de,  and  Philip  II,  85. 

Montesquieu,  quoted,  3. 

Montezuma,  244,  245. 

Moors,  expelled,  40,  42 ;  conquest 
of,  46  ;  architecture  of,  127. 

Moraga,  Don  Josd,  174. 

Moriscoes,  expulsion  of,  42. 

Municipalities,  Spanish,  30 ;  Spanish 
colonial,  153-191  ;  Cortes  and  the 
system,  68. 

Munoz,  quoted,  58. 

N. 

Nacogdoches,  department  of,  318. 

Napoleon,  war  against,  338. 

Narvaez,  expedition  of,  218. 

Nava,  Pedro  de,  laws  of,  203. 

Neuva  Espana,  50. 

Neve,  Philip  de,  188  ;  founds  San 
Jos^  and  Los  Angeles,  174  ff.,  180 ; 
regulations  of,  163,  164,  169,  201, 
202. 

New  Albion,  93,  331. 

New  Biscay,  230. 

New  Mexico,  317  ;  and  Old  Spain, 
7  ;  conquest  of,  220 ;  Spanish  oc- 
cupation of,  223-230 ;  under  con- 
trol of  United  States,  326. 

New  Spain,  before  the  settlement  of 
Aha  California,  64-86;  divided, 
281;  local  government  of,  283; 
and  the  Philippine  Islands,  298. 

Nieto,  Manuel,  land  granted  to,  320. 

Nietos,  ranches  of,  320. 

Nizza,  Marcos  de,  exploration  of,  76, 
218. 

Nootka,  controversv,  333-336  ;  treaty 
of,  335. 

"  Northern  Mystery,"  75,  89,  93. 

Northwest,  department  of,  319. 

o. 

OflBcials  in  California,  Spanish,  281. 

Old  Spain,  relics  of,  7. 

Onate,  settles  New  Mexico,  76,  223, 

224;  occupies  Taos,  249 ;  conquest 

of,  278. 


350 


Index. 


Ordenamientos,  defined,  61,  note. 

Oregon,  Spain  loses,  337. 

Ortega,   Captain,  105;  land  granted 

to,  321. 
Ortega,  Sergeant,  100. 
Otando,  Father,  114, 
Otego,  106. 

Otondo,  Admiral,  and  California,  78. 
Otondo,  Father,  comes  to  Mexico,  71. 
Ouiot,  242. 
Ovando,  edict  to,  58. 
Owens,  John  G.,  quoted,  250. 


Pacific,  discovery  of,  330;  Spanish 

claims  in,  333. 
Palo  Alto,  130. 
Palon,  and  Serra,   96,   100;  at  San 

Carlos,  207  ;  quoted,  184. 
"  Papagoes,"  221,  223.  _ 
Paraguay,  communism  in,  116. 
Paris,  treaty  of,  in  1763,  338. 
Parron,  Hernando,  99,  103. 
Patricio,  land  grant  to,  321. 
Paul  III,  confirms  the  Jesuits,  78. 
Pensacola,  garrison  at,  337. 
Perez,  Juan,  95,  99, 100, 101, 107, 108. 
Philip  II,  83,  93,  159,  161,  190 ;  and 
the  Inquisition,  40-42 ;  and  Cali- 
fornia, 85  ;  decree  of,  188  ;  grants 
land  to  Indians,  252 ;  plants  col- 
ony in  the  Philippine  Islands,  298. 
Philip  III,  42,  90, 159  ;  and  Califor- 
nia, 85. 
Philip  IV,   62,    159;    and   Califor- 
nia, 85. 
Philip  IX,  guarantees  land  to   In- 
dians, 252. 
Philippine  Islands,  and  New  Spain, 

298. 
Piccolo,  and  the  Jesuits,  79. 
Pico,  Governor,  proclamation  of,  139  ; 

flight  of,  141 ;  land  grant  to,  321. 
Pike,  Lieutenant,  describes  Santa  F^, 

228. 
Pimas,  conversion  of,  221. 
Pioneer  Spanish  Families  in  California, 

9,  note. 
"  Pious  Fund,"  of  California,  143, 144. 
Pirates,  in  the  West  Indies,  297. 
Pitic,  plan  of,  199,  202. 
Ponce  de  Leon,  69. 
Poncho,  defined,  262. 


Point  Reves,  131. 

Pope,  gives  land  to  Spain,  310,  329. 

Pope,  revolt  of,  225,  249. 

Portola,   Captain,  95,  99,    102,  106, 

108,  109,   119;  his  expedition  to 

Monterey,  103. 
Portugal,  Paraguay  ceded  to,  117. 
Powers,  political,  280-290 ;  judicial, 

290-295. 
Pragmaticas,  defined,  61,  note. 
Prat,  Pedro.  99,  108. 
Presidios,  origin  of  word,   192 ;  es- 
tablished   in    New    Spain,    192; 

described,    194 ;    towns    founded, 

198 ;    presidios   transformed   into 

pueblos,  199. 
"Presidios    and    Presidial   Towns," 

192-216. 
Privateers,  depredations  of,  331. 
Propios,  defined,  171. 
Provincias  Internas,  281. 
Puebla,  277. 
Pueblo,  defined,  153. 
Pueblo  Indians,  225;  described,  244- 

250,  252. 
Puritans,    Spaniards    compared    to, 

255. 

Q. 

Quivira,  city  of,  219. 

R. 

Ranch,  defined,  275. 

Rancherias,  privileges  of,  136. 

Ranchos,  321. 

Rancho  del  Rey,  195,  196 ;  at  Santa 
Barbara,  211. 

Realengas,  177. 

Reata,  defined,  277. 

Reboso,  defined,  261. 

Recopilacion  de  Leyes,  etc.,  62. 

Regidores,  67,  115. 

Regime,  old  feudal,  280. 

Reglamentos,  defined,  61,  note. 

Repartimiento,  114;  origin  of,  58,  59. 

Republics,  Spanish  American,  revolt 
of,  338;  Mexican  Republic,  315- 
317. 

Residencia,  defined,  69. 

Resoluciones,  defined,  61,  note. 

Revolt  of  Spanish-American  Repub- 
lics, 338. 


Index. 


351 


Revolution  of  1821,  Mexican,  280, 

285. 
Keyes,  land  granted  to,  321. 
Eivera,  Captain,  95,  99,  107,  174. 
Eobertyon,  quoted,  46. 
Eobinson,  quoted,  242,  261. 
Eockwell,  quoted,  135. 
Eodeo,  defined,  275. 
Eoss,  Eussians  at,  341. 
Eoyce,  cited,  343. 
Eussians,  333  ;  explorations  of,  86  ; 

explore  the  northwest  coast,  307  ; 

excursions  to   California,  300  AT., 

340  ffi 
Eyswick,  treaty  of,  331. 


s. 


Sacramento,  277. 

St.  Augustine,  garrison  at,  337. 

St.  Francis  of  Assisi,  96. 

St.  Jerome,  249. 

St.  Louis,  fort,  230. 

St.  Simon,  118. 

Salas,  Mariano  de,  quoted,  317. 

Salazar,  Father,  185. 

Salpensa, .Malaga  and,  laws  of,  155. 

Salvatierra,  118,  144;  leads  Jesuits 
into  California,  79,  80 ;  in  Arizona, 
220. 

San  Antonio,  100,  101_,  107,  108. 

San  Antonio  Bejar,  mission  of,  231. 

San  Antonio  Mission,  110,  230  ff. 

San  Bernardino,  convent  of,  96. 

San  Buenaventura  Mission,  110, 140. 

San  Carlos,  99,  100,  101,  107;  ruins 
of,  206. 

San  Diego,  110,  131,  257,  277 ;  con- 
quest of,  118  ff;  founding  of,  204; 
described,  213-215;  education  at, 
267  ;  claim  of,  325. 

San  Fernando,  129,  140 ;  college,  72, 
97 ;  mission  of,  180,  231,  269. 

San  Francisco,  185,  257,  277  ;  found- 
ing of,  204,  207-210;  harbor  of, 
213  ;  growth  of,  215 ;  mission  of, 
110,  230;  Eussians  at,  301,  307; 
and  law  of  1851,  325  ;  discovery 
of,  105  ff. 

San  Francisco  Solano,  139. 

San  Gabriel,  mission  of,  110,  180, 
225. 

San  Jos6,  185 ;  map  of,  173 ;  found- 
ing of,  174 ;  growth  of,  176 ;  pueblo 


lands  of,  177  ;  social  development 
of,  179;  prison  at,  210;  in  1830, 
266;  council  of  1806,  269;  and 
law  of  1851,  325. 

San  Jose  de  Gracia  de  Simi,  321. 

San  Juan  Bautista,  139,  140. 

San  Juan  Capistrano,  139,  140,  180, 
242. 

San  .Juan  de  Cabdallero,  founded, 
225. 

San  Louis  Obispo,  110,  140. 

San  Louis  Potosi,  formed,  233. 

San  Louis  Key,  described,  125 ;  mis- 
sion of,  146. 

San  Miguel,  139,  140,  199;  presidio 
at,  200. 

San  Pasqual  village,  history  of,  146. 

San  Pedro  rancho,  321. 

San  Eafael,  139,  209  ;  land  of,  321. 

Sandwich  Islands,  trade  with,  306. 

Santa  Ana,  confiscates  the  "  Pious 
Fund,"  145  ;  land  grant,  321 ;  and 
Texas,  340. 

Santa  Barbara,  129,  139,  140,  277  ; 
founding  of,  204  ;  presidio  at,  211- 
213;  growth  of,  215;  Indians  of, 
251 ;  fandango  at,  258  ;  styles  at, 
261  ;  claim  of,  325. 

Santa  Clara,  college,  176;  county, 
land  claims,  322;  mission,  110, 176, 
177,  180,  185. 

Santa  Cruz  (see  Branciforte). 

Santa  Cruz  de  la  Canada,  founded,  227. 

Santa  Fe,  277  ;  founded,  226  ff. ;  de- 
scribed, 228  ff. 

Santa  Hermandad,  37. 

Santa  Inez,  140. 

Santa  Maria,  230. 

Saragossa,  elections  in,  159. 

San  Xavier  del  Bac,  221,  223. 

Schmidt,  quoted,  27,  note,  61. 

Scipio,  and  Spain,  16,  17. 

Seminoles,  defeated  by  Jackson,  338. 

Sempere,  quoted,  27. 

Serapa,  defined,  262  ff. 

Serra,  Junipero,  life  and  character  of, 
95  ff.,  100,  102,  106,  108-110, 118  ; 
at  San  Carlos,  207. 

Seris  Indians,  199  ff. 

"  Seven  Cities  of  Cibola,"  217. 

Shinn,  Charles  Howard,  quoted,  9, 
note. 

Sibrian,  Amalia,  quoted,  257. 

Siete  Partidas,  28,  29,  60,  62,  159. 

Sitio,  defined,  172. 


352 


Index. 


Sloat,  at  Monterey,  342. 
Smith,  J.  S.,  his  trip  to  California,  306. 
Sola,   institutions  of,   267;  confirms 
land  grants,  321. 

Solidad  (Soledad),  mission  of,  139, 
140. 

Sombrero,  defined,  277. 

Sonoma,  209. 

Sonomo,  Vallejo  rancho  of,  321, 

Sonora,  317. 

Spain,  her  power  in  America,  _  2 ; 
Eoman  civilization  and  coloniza- 
tion of,  15, 16 ;  Christianity  in,  24  ; 
codes  of  la\7  in,  25  ;  feudalism  in, 
36  ;  her  condition  during  conquest 
and  settlement  of  America,  36-64 ; 
architecture  of,  127 ;  her  claims 
in  America,  329-333  ;  her  claims 
in  the  Pacific,  333 ;  withdrawal  of, 
337 ;  loses  Mexico,  338 ;  cause  of 
her  loss  in  America,  343. 

Spanish- American  Republics,  revolt 
of,  338. 

Spanish  Constitution  of  1812,  188. 

Spanish  Institutions.  See  Table  of 
Contents. 

Stanford,  Hon.  Leland,  130. 

Stanford,  Mrs.  Leland,  108,  note. 

Stephen,  guide  of  Nizza,  218  ff. 

Stockton,  Commodore,  work  of,  342. 

Stoddard,  Chas.  W.,  quoted,  88. 

Stokes,  Mr.,  in  California,  292. 

Strabo,  16. 

Suertes,  defined,  169. 

Supreme  Audiencia,  70. 

Surgeon-General,  appointed,  326. 

T. 

Taos,  pueblo  of,  248  ff. 

Tejos,    and   the   "Seven    Cities    of 

Cibola,"  217. 
Temescal,  defined,  243. 
Texas,   Spanish  colonization  in,  7 ; 

Spanish   occupation   of,  230-237 ; 

declares  independence,  315 ;  laws 

of,  318,  revolt  and  annexation  of, 

318,  338-340. 
"  The  Delight  Makers,"  251. 
Theodosian  code,  69. 
Thompson,  G.  H.,  surveys  San  Jos^ 

lands,  179. 
Tiguex,  villages  of,  247. 
Torquemada,  38  ;  cited,  90. 


Trade,  296-308 ;  Spanish  control  of, 
52,  296 ;  requirements  of,  297 ; 
oppression  of,  297 ;  between  Aca- 
pulco  and  the  Philippine  Islands, 
298 ;  Spanish  trade  absorbed  by 
foreign  nations,  299 ;  more  free- 
dom of,  300  ;  early  trade  in  Cali- 
fornia, 300;  at  Monterey,  301; 
customs  duties,  302 ;  smuggling, 
303 ;  evasion  of  revenue  laws,  304 ; 
with  Sandwich  Islands,  306  ;  fur 
trade,  306 ;  as  a  nation  builder,  308. 

Treaty,  of  1828,  339  ;  of  1848,  324. 

Tubac,  presidio  of,  222. 

Tucson,  presidio  of,  222. 

Tules,  presidio  of,  273. 

Turner,  Prof.  F.  J.,  on  trade  in  Wis- 
consin, 307. 

u. 

Ugarte,  and  the  Jesuits,  79 ;  and  land 
grants,  203. 

Ulloa,  92 ;  expedition  of,  76. 

United  States,  abolishes  feudal  ten- 
ure, 310 ;  buys  Florida,  338  ;  ac- 
quires California,  340-342. 

Utrecht,  treaty  of,  332.      " 

V. 

Vaca,  Cabeza  de,  journey  of,  76  ;  re- 
ports of,  218. 

Vacquero,  defined,  275. 

Vallejo  rancho  of  Sonoma,  321. 

Vancouver,  195,  336 ;  describes  Mon- 
terey, 205  fF. ;  describes  San  Fran- 
cisco, 208 ;  describes  Santa  Bar- 
bara, 211  ;  at  San  Francisco,  210  ; 
on  San  Diego,  213;  expedition  of, 
301. 

Vanquech,  temple  of,  241. 

Vara,  defined,  274. 

Vargas,  reconquest  of,  225  ff.,  249. 

Vasco,  Louis  de,  contract  of,  223  ff. 

Velasquez,  and  Cortds,  64,  67. 

Veuegas,  map  of,  221 ;  quoted,  77, 
86,  87,  239. 

Vera  Cruz,  capture  of,  342. 

Verdugo,  land  granted  to,  321. 

Verdugos,  ranchos  of,  320. 

Verger,  and  Serra,  97. 

Vespasian,  155  ;  and  Spain,  16. 

Viceroy's  rule  in  New  Spain,  70. 


Index. 


353 


Victoria,  Governor,  rule  of,  302. 

Vila,  Vicenta,  95,  107. 

Villagra,  epic  poet,  278. 

Villa  Rica  de  Vera  Cruz,  67,  68. 

Virgil,  278. 

Viscaino,  100,  104,  108 ;  expedition 

of,  76,  85,  88  ;  and  California,  92 ; 

on  California  Indians,  241. 
Visigothic  code,  69. 
Visitador-General,  81. 

w. 

Wilkes,  exploration  of,  341. 
Wilkinson,  moves  upon  Mobile,  337. 


Wisconsin,  University  of,  307 ;  State 
Historical  Society  of,  307. 

Y. 

Yerba  Buena,  founding  of,  208,  209. 
Yorba,  land  granted  to,  321. 


Zacatula,  Cortfe  founds,  75. 
Zuni,  pueblo  of,  248. 
Zufii  Pueblos,  dance  of  the,  244. 
Zuningas,  la  Ballona  of,  320. 


1 


X- 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DDE  on  the  last  date  stamped  below. 


B-fXflWE-IM 


OEU  ^ 


IXPH 


■rw  fl 


O'i 


Form  L9-Series4939 


3\\V' 


iNri-3\\v ' 


'% 


AWE  UN1VER57A        oslOS  ANCElfj> 


■;\'-r!;[VFR.r/>. 


A\tllBRARY/ 


^<!/OJIlVDd 


f\c.rAiicf> 


AF.rAiifnf 


-K^ 


mwm^      -^y/smwrn'^ 


^ 


^]ri 


mpimm 


nmmo/r 


u 


ifCAilFO/?^ 


IJi\-7;^J;ll\\ 


m\^- 


■■■^ilJ'J 


M\i\ 


UC  SOUTHERN  REGIONAL  LIBRARY  FACtLITY 


AA    000  757  986    5 


""  o 

-n  lw> 

O  ii_ 

?3  C 


IJONVSOl^        "^ 


E-l'NIV, 


3>  — 


IJONVSOl^ 


immo/: 


i 


s  ij 


=o      o 

CAIIFO%,        ^ 


O         p: 


)NV-S(Ji 


mms//^ 


